The case of partition of joint ownership in terms of civil procedure law

In this study, the case of partition of joint ownership in terms of civil procedure is examined. While conducting this resarch, the differences of this case compared to other cases have been determined. First of all, the nature of the joint ownership and right to request of partition has been determined and within the framework of this connection, the nature of this case has been determined. In establishing this connection, the concept of so-called double-sided case (actio duplex) was dealt with and the characteristics of the double-sided case were examined in terms of partition of joint ownership. Although the double-sided case was mainly dealt with in the case of partition of joint ownership, the conclusions reached here are applicable to case of partition of joint ownership as well as other similar cases. In the second part of the study, the partition of joint ownership is examined in terms of the first instance proceedings. In this context, the procedural acts of the parties and the court from the moment of the commencement of the proceedings to the judgment has been evaluated. Finally, how the case would proceed after the judgment. Throughout the study, the opinions put forward in Turkish and foreign law are also examined. In addition, the judicial decisions regarding the partition of joint ownership, which has a great deal of practice, are evaluated and the problems encountered in Turkish legal practice were identified and solutions were proposed against these problems.