The regime of participation in acquired property and the rights of the surviving spouse within this scope

The regime of participation in acquired property has been accepted as the legal property regime in Turkish Law as of 01.01.2002. With the regime of participation in acquired property, it has been emphasized that the other spouse will also have the right to the assets acquired by the spouses in return for labor during the continuation of the marriage union, and the sense of equality and solidarity between the spouses has been tried to be ensured. With the termination of the regime of participation in acquired property, the liquidation of the property regime will come to the agenda. If the property regime ends with the death of one of the spouses, the rights of the surviving spouse arising from both the inheritance and the property regime will become claimable. The right of inheritance of the surviving spouse varies according to the group of co-heirs. In practice, it is seen that for the surviving spouse to receive both his/her rights arising from the property regime and his/her rights arising from the inheritance law, the property regime liquidation is carried out first. In this study, the regime of participation in acquired property and the claims of the surviving spouse in the event of the termination of this regime with the death of one of the spouses will be discussed. In addition, the issues that cause controversy in the liquidation of the regime of participation in acquired property will be examined in the light of the opinions of the doctrine and the decisions of the Court of Cassation.