The regime of participation in acquired property claims ofparticipation

Marriage union starts with the official marriage and ends with death or court decision. The end of a marriage, which is an institution based on equality, mutual duties, and respect, has some consequences. One of these consequences arises on the assets of the spouses. How the property acquired by the spouses in the marriage union will be shared when the marriage union ends are the subject of the property regime. The Turkish Civil Law No. 4721 came into force on 01/01/2002 and included different regulations from Civil Law No. 743 on the property regime. The most important change is the change of the legal property regime. In the Turkish Civil Law period Law No 743 was the property regime, in the Turkish Civil Code No 4721 adopted the regime of joining the acquired property as the legal property regime. With the regime of participation in acquired property, it aims to protect the labor of women in the marriage union and provide economic equality between the spouses when the marriage union ends. Regardless of whether the spouses work in an income-generating job or not, it is accepted that they contribute to the assets acquired in the marriage union. For this reason, in the event of the dissolution of the marriage union, the values of the goods to be liquidated are determined and a participation claim that the other spouse can claim occurs above half of the determined residual value. The subject of the thesis is the participation receivable calculated in the event which is about the participation regime in the acquired goods ends. In the first part, general information about property regimes and the principles that dominate the regime of participation in acquired properties, the beginning and end of the regime are given, in the second part, the values of the assets entering into the liquidation of the property regime are explained. In the third section, which criteria should be considered while calculating the participation fee is examined. Then, information was given about the cases arising from the requests for participation.