Regime of participation in goods acquired action timeliness

There is no clear regulation in the Turkish Civil Code No. 4721 in claims for participation receivables and share of value increase due to the liquidation of the property regime after the termination of the marriage union. For this reason, determining the statute of limitations to be considered in terms of receivables is important in terms of ending disputes. For this reason, the opinions in the Supreme Turkish Court of cassation and the doctrine are important. If there is a property regime agreement between the spouses, Article 146 of the TCO will be taken into account and the statute of limitations for contracts of ten years will be applied. If the spouses do not have such a property regime agreement between them, the doctrine and the Supreme Turkish Court of cassation have different opinions. In the past, the Court of Cassation has opinions on the issue that the statute of limitations, which is ten years, should be applied. For this reason, the study will focus on the statute of limitations for participating in acquired goods.