DoctorateOpen Access

Unregistered partnerships in the aspects of civil procedure law

2019
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Advisor: Prof. Dr. Halil Akkanat

Abstract (EN)

The partners that make up the unregistered (ordinary) partnership are entitled to the assets and rights as joint owners which they hold as partnerships. Also, each of the partners is liable for the debts as jointly and severally. Because of the lack of legal personality and legal capacity of unregistered partnerships, these partnerships are not entitled to have the capacity to sue and be sued. Therefore the ordinary partners take part as the parties of the cases related to the partnership. The rules of the joinder of parties are applied in these cases. If the case is related to the assets and the rights which belong to the partners jointly, the partners have to act together at court. On the other hand, if the case is related to the debts from which the partners are responsible jointly and severally, the partners do not have to act together. Also, in this case, the litigator does not have to open a case to all the partners jointly. In addition, sometimes one of the partners can bring a lawsuit on his own. Moreover the partner who has the authority to manage the partnership may bring a lawsuit alone in the name of other partners. In pursuing lawsuits related to the unregistered partnership, to be joinder of parties is special for the cases and each issue of the case is examined separately. Finally, the status of the unregistered partnership in non-contentious jurisdiction, mediation, and temporary legal protections necessitated further consideration.

Author

Dr. Vildan Peksöz Sürme

Institution

How to Cite

Vildan Peksöz Sürme (Doctorate thesis). Unregistered partnerships in the aspects of civil procedure law, 2019, İstanbul University.

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