Actions on discontinuation of partnership under the Turkish Civil Law and its reflection to the jurisdiction

Cases for dissolution of partnership are bilateral cases that have unique characteristics and have similar consequences for the parties. Since the judgment rendered as a result of the lawsuit has an impact on the future, these lawsuits are the ones that create innovations thet are effective fort he future. The subject of the lawsuit for dissolution of partnership is movable property, immovable property registered in the title deed and rights. These lawsuits are dealt with in case the shareholders or partners cannot agree on the termination of joint or joint ownership, or when the public legal entities use their Powers in line with the relevant legislation, the ownership is terminated by a court decision. As a rule, each stakeholder has the right to demand the dissolution of the partnership without giving any reason. In accordance with the Article 4/1-b of the HMK, the civil courts of peace are in charge in the cases of dissolution of the partnership. Therefore, the cases in question are subject to simple trial procedure. The determination of the competent court is the cases of dissolution of the partnership varies according to the natüre of the property subject to the case. İn case the subject of the lawsuit is movable, the court of the place of residence of one of the defendants will be authorized by applying the general jurisdiction rule. İf it is decided to dissolve the partnership by sale, to the extent that it is appropriate to the natüre of the subject of the lawsuits, taking into account the common provisions regarding the execution with e verdict in the EBL. As a result of the cases of dissolution of the partnership being bilateral cases and there is no losing party, all parties are responsible for the litigation costs, litigation fees and attorney's fees determined in accordance with the AAUT in proportion to their shares. Against the decisions to dissolve the partnership given by the civil court of peace, an appeal may be made in accordance with Article 341/1 of the HMK.