Inheritance of a Commercial Enterprise to a Minor and the Minor’s Title as a Merchant in Accordance With the Provisions of the Turkish Commercial Code

In our legal system, the status of minors and interdicted persons holds significant importance, necessitating constant vigilance in both public and private law domains. Their legal status impacts themselves and extends to third parties affected by their actions. It's imperative to assess their capacity under the Turkish Civil Code and scrutinize relevant legislation in private law contexts. A comprehensive understanding of the Turkish Commercial Code and Turkish Civil Code provisions is crucial. This issue is particularly pertinent in commercial enterprises. While minors and interdicted persons can acquire the title of merchant, they are prohibited from actively engaging in commercial activities. Despite the perceived separation between public and private law, a holistic approach is necessary to accurately determine these individuals' legal status and actions under commercial law. The article first clarifies the commercial enterprise concept and its role in commercial law, drawing from scholarly opinions. Then, it delves into the conditions for minors and interdicted persons to become merchants, interpreting relevant TCC articles and analyzing Court of Cassation decisions. The final section examines the inheritance of commercial enterprises, particularly when inherited by a minor, interpreting relevant legislation to clarify pertinent issues.