Cancellation of limited partnership on just cause according to new Turkish commercial code no. 6102

The purpose of this work is to examine the cancellation of limited partnership on just cause. Just like all other partnerships limited partnerships can be cancelled on just ground.New Turkish Commercial Code has brought very important innovations on cancellation of limited partnership on just cause. The Swiss Code of Obligations constitutes the source of these innovations.In practice, limited partnerships are the most established kind of partnerships. Limited partnership carries the characteristics of both personal partnerships and capital partnerships. This feature plays a very important role in determination of the just cause. In this context a situation which might be considered as just cause in a partnership, in which personal partnerships feartures stand in the forefront, might not be considered as a just cause in a partnership in which features of a capital partnership stand in the forefront.Withdrawal of partnership, share transfer, cancellation of general meeting decisions and liability lawsuits hava a priority when compared to lawsuit of cancellation on just ground. That's why the partner should first try these remedies. The action might be dismissed if the partner has a possibility to apply the remedies mentioned above.Each partner has the right to file the lawsuit on cancellation of limited partnership on just cause. Principally this action must be brought against the legal person. The court is not obliged to decide cancellation. The court might decree an alternative solution. In this context the court might divide the partnership, change the partnership contract or appoint a new manager. On the other hand the court might dismiss the case or decree the cancellation of the partnership.Keywords: Limited partnership, Just cause, Cancellation, Turkish Commercial Code