Master'sOpen Access

Increased value and residual value in the termination of the regime of participation in acquired property

2023
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Advisor: Prof. Dr. Cemal Oğuz

Abstract (EN)

4721 numbered Turkish Civil Code which became effective on 01/01/2002, has abandoned the regime of separate of estates in former 743 numbered Turkish Civil Code and accepted the legal regime of property as participation in acquired property. With this change, it is aimed that the wife, who contributes to the house with her labor, can receive the return of this labor after the property regime ends. The regime of participation in acquired property between the spouses will terminate with the death of one of the spouses, the divorce of the spouses, the annulment of the marriage or by choosing another property regime. When the regime of participation in acquired propery terminates in anyway, these contributions of husband and wife bring value added share receivable into question. When spouses contribute to the acquisition by an improvement or protection of a property in the other spouse's assets while the regime of participation in the acquired property continues, they will be entitled to the increased value share regulated in Article 227 and this claim will be reached as a result of the liquidation of the property regime. The characteristic of the residual value claim, which is another receivable item that the spouses can claim in the event of the termination of the regime of participation in acquired property, is that this property regime is applied only between the spouses. In the event of the determination of the regime of participation in the acquired property, the spouse who will be entitled to the residual value participation receivable does not have to have a direct contribution, as in the claim of increased value. This fact is the most significant feature of the regime of participation in acquired property. Keywords: Regime of Participating to Acquired Property, The Termination of the Regime of Participating to Acquired Property, The Claim of Increased Value, The Claim of Residual Value.

Author

Alperen Şahin

How to Cite

Alperen Şahin (Master Thesis). Increased value and residual value in the termination of the regime of participation in acquired property, 2023, Çankaya University.

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