Master'sOpen Access

Termination of the regime of participation in acquired property and liquidation

2022
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Advisor: Prof. Dr. Mustafa Fadıl Yıldırım

Abstract (EN)

As our tradition and cultural norms dictate, the main building block of society, namely family, is established through bond of marriage. Administration, exploitation and disposition of property during marriage and division of property after cessation of property regime are clarified in the property regime provisions of the Turkish Civil Code. "Contribution to jointly acquired property regime" is the prevalent property regime in most of the marriages in Turkey. In our study, division of property in contribution to jointly acquired property regime is discussed in detail.In contribution to jointly acquired property regime, the division of property becomes an issue with the dissolution of marriage. Hence, upon the termination of the regime of property, in this institution based on the mutual sacrifices made by spouses in the union of marriage, this is the matter of demanding the right to claim on the property acquired by one of the spouses upon the request of the other spouse. If the right to claim is determined through the court, their assets shall be determined by using the technical processes provided in the law and upon the liquidation, accession of the other spouse shall be found by deducting the liabilities from the active assets with the help of the expert witness. In this study, the termination and liquidation of the regime of participation in acquired property is emphasized in detail, the opinions of different authors and the decisions of the Supreme Court are given in order to understand the subject and the problems that arise in practice are emphasized. In the first part of our study, the termination of the regime of participation in acquired goods, The reasons for dissolution of property regime, contribution claim its liquidation in the second part, and the provisions of the liquidation, the principles of the regime of participation in acquired property, the issue of equalisation, values to add and receivables of increment value in the third part are discussed in line with the process of liquidation, participate in the surplus, family dwelling and household furniture that require special division rules.

Author

Dr. Halime Savaş Öztürk

How to Cite

Halime Savaş Öztürk (Master Thesis). Termination of the regime of participation in acquired property and liquidation, 2022, Ankara Hacı Bayram Veli University.

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