In cases related to the liquidation of the goods regime, such as the contribution receivable case, the value increase share case, the residual value participation receivable case
first of all, it is necessary to determine the following issues: according to what rules of the goods regime will these cases be resolved? The rules will be applied in the case
on Dec date does the goods regime start and end between the parties
is over?
If there is a goods regime selected by dec between the parties by contract, that goods
rules for the regime, a commodity established by the contract of the goods regime
if there is no type of regime, the goods to which they are subject are subject as mandatory in accordance with the law
the rules of the regime will be applied. The claim is based on the provisions of the previous Civil Code (743
an asset acquired during the period in which the numbered TMK is in force
if another goods regime has not been adopted by the parties and is intended for; “separation of goods”, which is considered to be the rule regime in our previous Law
according to the regime, if the request is made by the new Civil Code (TMK No. 4721)
if it is intended for a property acquired after its entry into force, and no other property regime has been selected by the parties, it is considered a legal property regime
according to the rules of the established “participation in acquired property” regime, the case
it will be solved. .
On what date did the liquidation of decommissioned property regime begin between the parties? If the parties have also not concluded a contract; 01, when the Civil Code No. 4721 enters into force. 01. married before 2002
previous Civil Dec. 743 between spouses from the date of their marriage
They will be subject to the goods separation regime, which is considered to be the legal goods regime in our law, and this regime will be subject to the new Civil Code No. 4321
entered into force on 01. 02. it ended in 2002 and was renewed on the same date
The acquired property stipulated by our Civil Code as a legal property regime
the regime of participation in the goods will begin. Spouses, at a later date
also, if they choose another regime shown in the law, the current goods regime between them will be deciphered at the time of the goods regime agreement
it will end, and the new regime of their choice will begin. 01. 01. agreement on the goods regime between spouses who were married after 2002, if dec
if it has not been done; the regime of participation in the goods acquired on the date of their marriage
it will start.(TMK=Turkish Civil Code)
