Liabilities of partners in ordinary partnership

Ordinary partnership is one of the most common partnerships in practice and forms the basis of all partnerships. However, since partners' identities are the more important aspect and not capital, such partnership is regulated in the Code of Obligations, instead of the Commercial Code. While Artice 620 of the Code of Obligations regulates the ordinary partnership agreement and its elements, Article 637 regulates its representation and Article 638 regulates the consequences of representation and liabilities of partners. Despite it is one of the most common partnerships, there are very limited and few provisions in the law regarding ordinary partnership and many of the problems are left to be solved in doctrine and practice. In this regard, liabilities of partners of ordinary partnerships towards third persons is one of the issues which require further study. In fact, the only provision on such subject is Article 638 of the Code of Obligations. In this regard, in the first section, definition, elements and important characteristics of ordinary partnership and applicable Turkish law provisions; in the second section, liabilities of partners, basis and conditions of liability, liability types and joint liability; and lastly, in the third section effects of changes in partnership to the liabilities of partners and the creditors' tools against the partners are examined.