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NEWSLETTER 2013
266
Gift Agreements Pursuant to Provisions of the Code of
Obligations No. 6098
9
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Att. Pelin Baydar
Gift Agreements are regulated between Articles 285 and 298 of the
Turkish Code of Obligations No. 6098 (“TCO”).
A Gift Agreement is an agreement in which the donor grants his
assets
inter vivos
to enrich another without receiving any equivalent
consideration.
Waiving a right before having acquired it or renouncing an inheritance
does not constitute a gift.
A person with the capacity to act may make gifts of his assets provided
that the bounds imposed by matrimonial property law and inheritance law
are reserved. A person who lacks the capacity to act may accept a gift
provided he has the ability to make fair judgments. However, if the legal
representative of the recipient forbids him to accept the gift or instructs
him to return it, the gift shall not be acquired.
Establishment of the Gift Agreement and Liability of the Donor
Articles 288 to 293 of the TCO regulate the establishment of the gift
agreement. Accordingly, the validity of the gift promise is dependent
on whether or not the agreement is executed in proper written form. A
promise to give title or rights in rem to immovable property is valid only
if done in official form.
Furthermore, a gift from hand to hand is established when the donor
delivers the object to the recipient.
A gift may be subject to a condition. A gift made contingent on
the donor’s death is subject to the provisions governing testamentary
dispositions.
The donor may impose provisos on his gift. The donor may request
the fulfillment of a proviso that has been accepted by the recipient.
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Article of July 2013