Litigation for dissolution of the partnership and termination of the partnership by tender

Litigation for the elimination of partnerships are cases that end the co-ownership relationship between shareholders or partners of movable or immovable property or rights, which are subject to shared or joint ownership. The nature of these cases as a two-way street has the same consequences for the plaintiff and the defendant. Due to this feature, the case for the elimination of the partnership is subject to different procedural procedures than other cases. As a result of the lawsuits for the elimination of the partnership, it is decided in two ways: sharing and sharing through sales. . The decision on sharing in the same way is carried out in the form of dividing the property by the number of stakeholders and specific to a stakeholder if the conditions are appropriate. First of all, whether it is possible to share in the same way should be investigated and if it is not possible, it should be decided to share it through sales. In particular, the elimination of the partnership that constitutes the integrity of our subject is the decision to share cases through sales. Decision on sharing through sales applied according to İİK attributable to HMK. The procedures for the sale are arranged to İİK. However, some changes have been made and significant changes have been made, especially regarding the tender to İİK with during our study published 7343 numbered law. These changes were also taken into account in our study. A sales officer is appointed for the sale by the court that ruled in the case of the dissolument of the partnership. If one of the parties requests a sale, the sales officer carries out the preparation of the tender, which can be counted as preparing a list of obligations, making appreciation of the assets, making an increase specification and preparing the sales announcement. Tender is carried out at the time specified in the sales announcement and under the specified conditions. Some irregularities may occur during the preparation or tender stage of the tender. In this case, however, the law has given the relevant people the right to request the termination of the tender. The reasons and qualifications that require the termination of the tender are determined according to the characteristics of the condition not counted as limited in law and in accordance with the fairness. Supreme Court case law has a big impact on this determination. If one of the reasons for the termination of the tender is found, the termination of the tender may be requested by the person with the relevant title who can request the termination of the tender within the period of time. If the termination of the tender is decided, it will have consequences for the parties. These results vary according to whether the property is registered on behalf of the tender buyer/ whether the tender price is paid to the stakeholders. KEY WORDS: Share, The Case for The Elimination of Partnership, Ownership, Tender, Termination of Tender