Claim For Participation In Residual Value
Claim for Participation in Residual Value
The legal basis of this case is the articles of the Turkish Civil Code No. 4721 regulating the regime of participation in acquired property (Art.
218-241), especially Articles 231-236 and the decisions of the Court of Cassation. With the property regime agreement, the regime of participation in acquired property
or did not conclude a property regime agreement, in accordance with the law
(Art. 202 of the TCC) is a lawsuit for money receivable based on personal rights that the spouses or their legal heirs, who are accepted to have chosen this regime, may claim from each other when the property regime is terminated.
The most important feature that distinguishes this lawsuit from the lawsuit for “contribution share” and the lawsuit for “share of increase in value” is that
the burden of proving that he/she contributed to a property or asset belonging to
under the property regime. In this property regime, the legislator
the right to assert a money claim based on a mutual personal right in relation to certain property (Art. 219 of the TCC). For this, the concrete
no contribution is required to be proved. When the property regime is terminated, each of the spouses or their heirs are entitled to half of the “residual value” (Art. 231 of the TCC) belonging to the defendant from the other spouse or his/her heirs, as a rule.
They can claim it as “claim for participation in the residual value”. Article 231 of the TCC
The acquired assets for which the residual value is to be found are explained in Article 219. Social security or social welfare institutions and organizations or
funds and similar funds established for the purpose of providing assistance to personnel
payments (such as pensions), loss of earning capacity
Although the compensation paid due to the compensations are listed as “acquired property” in our law (Art. 219 of the Civil Code), not all of them are considered as acquired property.
not, some of it is personal property, how this separation process
is explained in Article 228.
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