Feragat

Feragat is a legal concept used in civil law, particularly in Turkish law, to denote the voluntary renunciation or waiver of a right, claim, or title. It is commonly formalized in a document often called a feragatname or waiver deed. The term is employed in several contexts, most notably in inheritance cases, property rights, and contractual disputes where a party agrees to relinquish certain claims.

In inheritance matters, feragat refers to a beneficiary or heir renouncing their share of an estate, either in whole or in part, usually to facilitate another distribution or settlement among remaining heirs. In property and contractual contexts, it can involve renouncing claims to a claim on ownership, rents, or compensation, often to prevent future disputes or to simplify a transfer.

Procedurally, a feragat is typically made in writing and may require notarization or approval by a court, depending on the jurisdiction and the nature of the right being waived. The effects are generally final: once the renunciation is effective, the waiving party cannot later reclaim the waived right under the same circumstances. However, the exact scope and enforceability depend on clear terms in the feragat, consent of the parties, and applicable laws.

Feragat is a recognized instrument for reallocating rights and settling disputes, but it carries potential implications for legitimate or statutory entitlements. Individuals and legal practitioners use it with caution, ensuring that waivers are voluntary, well-documented, and compliant with relevant civil codes and procedural rules.