The right to request dissolution in joint ownership and the limits of this right

Request the dissolution is a granted right for every co-owner in the co-ownership. The nature of this right, exercising conditions with the legal status of the involved co-owners, and the limiting conditions are the main issues of this study. The scope of the study was limited to Article 698 of the Turkish Civil Code (TCC) to ensure non-discursive thematic progress. In the first part, the definition, and the legal nature of the right to request the dissolution were reviewed within the framework of the opinions in the doctrine consisting of both the abolished Civil Code and the TCC. Claims in doctrine and practice were discussed regarding the time for ending co-ownership in case of exercising the right and – due to the extraordinary importance – the conditions for and against exercising the right in terms of co-owners. The second part presents the limitations of the right to request the dissolution in the scope of TMK article 698. Differences between the regulations of abolished Civil Code and TCC were reviewed. In addition, opinions defended during the MK period were given in detail. New regulations about the continuation agreement of the co-ownership have been reviewed. The concept of the constant purpose allocation is more ambiguous than the continuation agreement of the co-ownership. There are lot of discussions in the doctrine about those both topics. Some special applications, which have emerged based on this concept in practice over time, have also been mentioned. An inopportune time was evaluated using the doctrinal opinions and the jurisprudence as the last limitation of the dissolution that the right cannot be used.