Leaving the partnership in joint stock companies and effectiveness of restrictions

In this study, the ways of exiting the partnership in various situations in joint stock companies are explained and discussed. In this context, in accordance with the principle of freedom of transfer of shares in a joint stock company, it is essential that a partner who wishes to leave the partnership leaves by selling his share to another partner or a third party, that is, by means of share transfer. For this reason, first of all, explanations about the types of joint stock companies, share, share types, share certificates were made and the effect of share transfer, which is the normal way out in joint stock companies, and the context provisions on the transfer of shares were examined in detail. Afterwards, the way to leave the partnership with the withdrawal fund in joint stock companies and the right to leave the joint stock companies, which is stipulated in Art.24 of the Capital Market Code, are explained. However, Capital Market Code Art.25. and other ways such as takeover bid, right to withdraw from partnership and right to sell, are not used as the subject of the thesis, since they are not exactly used with the will of the shareholder. The case of termination for just cause, which is a last resort for partners who cannot exit the partnership through share transfer and other ways, is also explained in detail within the scope of TCC article 531, and this case is an alternative solution lawsuit filed as a last resort. In this case, in the presence of just cause, the dissolution of the partnership can be decided, and many alternative solutions can be decided, including the expulsion of the partner. As the last issue, the issue of the right to exit a partnership and the right to file a lawsuit in the future in terms of joint stock companies, as in limited partnerships, was discussed and some opinions were presented on this issue.