The regime of participation in acquired property claims of participation

The regime of participation in acquired property has been adopted as the legal property regime with the Turkish Civil Code No. 4721, effective January 1, 2002, by taking the Swiss law to a large extent. Participation claim which is specific to the legal property regime, is a claim arising from the law that arises as a result of the termination of the property regime and that allows the spouse or heirs to be entitled, as a rule, to half of the residual value of the spouse. However, due to the conditions specific to Turkish society, especially the fact that the family and society structure is different from Swiss society, and due to the procedural rules, the liquidation of the legal property regime and the determination of the participation claim are not made in accordance with the law in the practice of the Supreme Court. Fort this reason, it is necessary to make a new legal regulation in accordance with the structure of Turkish society, taking into account the practice of the Supreme Court and the views in the doctrine, and the differences between the provisions of the law and the practice should be eliminated. The aim of this study is to reveal the participation claim, which is a claim specific to the legal property regime, in all aspects in the light of current judicial decisions and its results in the light of law, doctrine and judicial decisions. In this context; In the first part of our study, the legal property regime in Turkish law, the duration of the legal property regime, property groups, the management, injury and disposition powers on the assets of the spouses and the determinitation of the value of the assets are explained. In the second part, the definition of the participation claim, its legal natüre, characteristics and determination of the amount are explained. In the last part, the parties of the participation claim, its exchange, payment, waiver of the participation claim, reduction or elimination by the decision of the judge and the statute of limitations are exaimned. In our study, doctrinal studies and judicial decisions were used.