Values to be added to the property acquired in the calculation of the surplus (TCC art. 229)

Art. 229 of the Turkish Civil Code, which has an important place in the liquidation of the regime of participation in acquired property, presupposes that certain values are hypothetically added to property acquired. With this addition rule, the spouses' authority to carry out legal transactions is not restricted, only taking the value of the transaction's subject into consideration among the property acquired is ensured. In the study, firstly these values are defined and exemplified. Then, how the insertion will take place is emphasized. The opinions in the doctrine and the decisions of the Swiss Federal Court and the Turkish Court of Cassation were used to examine these issues. The legislator not only contented with the addition of certain values hypothetically to acquired property, but also regulated that the spouse which is creditor may apply to the third party benefiting from the transaction to the extent that the s/he cannot obtain all of its participation from the debtor (TCC art. 241). It was also argued in the doctrine that in addition to the possibilities provided in TCC art. 241, it could also be applied through the case for the correction of the land registry based on the similation and the annulation of the transaction. In this study, the conditions of these three cases were explained and the decisions of the Turkish Court of Cassation were examined in order to reveal the methods adopted in practice.