What is the Case for Dissolution of Partnership?
The case of dissolution of the partnership is when any of the stakeholders demand a division of property through the court if the persons who own a movable or immovable property cannot share that property by agreement. The dissolution of the partnership is made possible by two methods: the Dissolution of the Partnership by way of division and the Removal of the Sickle with the way of sale.Action for Dissolution of Partnership is filed against all stakeholders who are partners in the property in question. Each stakeholder can demand the termination of the partnership by ending the joint or joint ownership of the property by filing a lawsuit. As a matter of fact, article 698 of the Turkish Civil Code “Unless there is an obligation to continue the shared ownership due to a legal transaction or since the shared property has been assigned to a permanent purpose, each of the stakeholders may request the sharing of the property.” has decreed.
Precisely What is the Dissolution of Partnership with the way of Divison?
In dissolution of the Partnership cases, if the conditions are suitable, the partnership can be terminated by dividing, that is, by sharing the property with the stakeholders. In the court decision, the same is connected with the request for partition.
In order to apply the same division in movable goods, the same type of goods must be given to each stakeholder. It is impossible to share different movable goods by the same division. For example, it is not possible to share wheat with one partner and barley with another partner.
In the case of immovable property, the judge may decide to divide the property precisely as it is in the lawsuit filed upon the request of one of the stakeholders. However, for it to be possible to share by the same division, the immovable properties must be suitable. In cases where the immovable has suffered a significant loss of value, the surface area of the immovable, its quality, or if the division is not possible according to the zoning legislation, it cannot be decided to dissolve the partnership using the same division. The parts of the goods shared by way of division must coincide. However, if the condition that the details match each other cannot be met, equivalence can be achieved by adding money for the missing part.
What is Partnership Dissolution by way of sale?
In cases where it is impossible to divide the immovable exactly, upon request, it is decided to dissolve the partnership through the sale. As a rule, deals are made by auction. However, if all the stakeholders agree unanimously, the sale can only be made between the partners.
In which court is the case of dissolution of partnership filed?
The court in charge of the Dissolution of Partnership cases is the civil court of peace. According to the Code of Civil Procedure, the civil court of peace within the borders of the province or district where the immovable lawsuit for dissolution of the partnership is to be filed is located is authorized.Footnote
The Case for Dissolution of Partnership is a process that requires experience. Individuals need to seek assistance from a professional lawyer to avoid loss of rights and time in dissolving the Incorporation. In our law office, we provide you with professional follow-up and assistance in the field of Real Estate Law.
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