Profit and loss sharing in ordinary partnership

According to article 622 of the Turkish Code of Obligations (Law No. 6098), the partners of the ordinary partnership are obliged to participate in the profit. This obligation arises from active agency, which is the fundamental element of ordinary partnership. Partners' participation in profits is both a right and an obligation. Partners must also participate in the loss of the partnership. The partners' participation in the loss is the result of the common purpose element in the ordinary partnership. The obligation to participate in profit and loss is a mandatory rule and it is not possible to completely waive the obligation. The only exception to this mandatory rule is the provision stipulating that the partner who brings his effort as capital will not participate in the loss. In the ordinary partnership agreement, according to the Article 623/1 of the Turkish Code of Obligations, profit and loss share of each partner is equal regardless of the value and nature of the participation share. On the other hand, the partnership may take decisions contrary to the principle of equality, except in exceptional cases. The aim of the thesis is to determine the profit and loss sharing of the ordinary partnership, taking into account the opinions in the doctrine and the Supreme Court decisions. The problems related to profit and loss in ordinary partnership are examined in terms of theory and practice and tried to be concluded. Keywords: Ordinary Partnership Cobtract, Profit and Loss Share, Profit and Loss Distribution.