THE CASE OF LIQUIDATION OF THE PARTNERSHIP

Fellowship (partnership) in the case of elimination of the joint ownership or collective ownership in movable or immovable property subject to the stakeholders (partners) allows you to take ownership and personal property end the relationship existing between two-sided and the sides with similar consequences for the case.

One or more of the stakeholders file a claim for the elimination of the stakeholder against the other stakeholders. HMK’s 27th. in accordance with the article, it is mandatory that all stakeholders be involved in the case. In case of death of one of the stakeholders or partners, according to the certificate of inheritance to be received, the merits of the work must be examined after ensuring that the heirs participate in the case.

699 of the Turkish Civil Code. in the case of termination of the shared ownership in the article, the form of sharing has resulted in the following:

Sharing is carried out in the form of dividing the goods exactly or dividing their price by selling them at a bargain or auction. If there is no agreement in the form of sharing, at the request of one of the stakeholders, the judge decides that the goods should be divided exactly and divided, and if the values of the divided parts do not coincide with each other, equalization should be provided by adding money to the missing part.

If the split request is not deemed appropriate to the circumstances and conditions and especially if it is not possible to split the shared good without significant loss of value, it is subject to sale by auction. The decision to make the sale Dec an auction between the stakeholders depends on the consent of all stakeholders. (TMK m. 699)

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