The lawsuit for the elimination of joint ownership opened by the creditor in Turkish law

Within the scope of our study, the case of elimination of joint ownership, which is often an inevitable result of the co-ownership relationship, and the case of " elimination of joint ownership opened by the creditor", which is based on the authority of Enforcement and Bankruptcy Code article 121, which has special case conditions different from the elimination of joint ownership opened by the stakeholders, and whose main purpose is to collect the debtor's receivable, has been tried to be examined. In addition to the different views put forward in the doctrine regarding our study, the high judicial jurisprudence has been extensively included, the Supreme Court Decisions related to the subject have been presented together with the decision tag, right after the important issues, and it has been tried to shed light on the mistakes that are frequently made in practice. It has been tried to shed light on the legal logic in the reflection of the parties' being both the plaintiff and the defendant in the case of dissolution of partnership, to the apportionment of litigation expenses, unlike classical civil cases.