feragatname

A feragatname is a written declaration by which a person renounces a legal right or claim. In Turkish law, the term is commonly used for waivers in civil matters, particularly in inheritance, property settlement, or other agreements that involve giving up a future or existing entitlement. The document is intended to create a clear, voluntary relinquishment of rights to prevent future disputes.

Etymologically, the word combines feragat, meaning renunciation or surrender, with name, denoting a written instrument or deed. The concept is used in various jurisdictions that recognize civil law instruments for waivers, and its exact form and formal requirements may vary by country or region.

Typical uses include a heir renouncing a share of an estate to simplify a partition among remaining heirs, or a party waiving a claim in a settlement to resolve a dispute out of court. Feragatnames are often employed to streamline transfers, avoid litigation, or finalize arrangements in contexts such as inheritance, joint property, or family settlements. Depending on the jurisdiction, the document may need to be notarized, registered, or otherwise attested to be legally effective.

For validity, a feragatname generally requires a voluntary, informed consent of the renouncing party, clear identification of the rights being renounced, and proper execution in the prescribed form. It can be challenged if obtained by fraud, coercion, misrepresentation, or incapacity. In some cases, specific statutory rules or court approval may be required, particularly where the renunciation affects other heirs or protected rights.

Overall, a feragatname serves as a formal tool to surrender rights and facilitate settlements, with its enforceability dependent on the applicable civil-law framework and formal requirements.