Transfer of simple partnership share

In Turkish law, simple partnership, which is positioned as the fundamental form of partnership, has a relatively limited legal framework. Despite this feature, by virtue of its highly flexible organizational structure, simple partnership has a wide range of applications, extending from basic partnership activities to infrastructure and superstructure investments of significant economic importance. Transfer of partnership shares, which is one of the changes in personal structure of simple partnership, has been a controversial topic in various jurisdictions for years. The lack of detailed regulation regarding transfer of simple partnership shares under Turkish law gives rise to a legal gap and leads to significant legal uncertainties. This study aims to resolve these uncertainties, deriving from the nature and characteristic features of simple partnership, in a manner that is consistent both internally and with the entirety of the legal system. In this context, the thesis seeks to answer the following question: "What is the legal framework governing the transfer of shares in a simple partnership?" To answer this question, first, the relationship between simple partnership and joint entitlement has been examined, and the legal nature of simple partnership has been clarified. Subsequently, the legal nature of simple partnership shares has been evaluated, and the legal rules governing transfer of shares as a dispositive act have been identified. Finally, in line with these findings, the requirements and consequences of transfer of shares in a simple partnership have been set out. In this process, not only Turkish but also German and Swiss legal systems and literature, which bear significant similarities to the subject matter of the study, have been utilized.