Petition For Dissolution And Liquidation Of A General Partnership
… TO THE CIVIL COURT OF FIRST INSTANCE
PLAINTIFF :
ADDRESS :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : Request for dissolution and liquidation of a general partnership.
EXPLANATIONS
1- My client’s deceased relative entered into a general partnership agreement with the defendant on …/…/… to engage in horticultural activities.
2- The total capital of the partnership is … TL, of which … TL was contributed by my client’s deceased relative, while the defendant contributed … TL to the partnership. Additionally, my client’s deceased relative … … assigned two separate properties belonging to him to the partnership without compensation and established a right of usufruct in favor of the defendant for a period of … years on one of these two properties.
3- Upon the death of my client’s deceased spouse on …/…/…, my client and the defendant agreed to continue the ordinary partnership and for the defendant to be the managing partner. Despite the passage of … years since this agreement, the defendant has not paid the profit share, and the notices dated …/…/… and numbered … have been left unanswered by the defendant. The defendant, as the managing partner, has failed to provide an account of the business operations to my client, has refused to pay dividends despite our request, and has failed to fulfill his duties and responsibilities.
4- The just cause specified in Article 639 of the Turkish Code of Obligations No. 6098 has been realized in relation to the company in which my client and the defendant are partners. Therefore, it has become necessary to apply to your court for the dissolution of the ordinary partnership established between the parties on the basis of just cause and for the liquidation of the partnership assets.
LEGAL GROUNDS: Articles 620–639 of Law No. 6098.
LEGAL EVIDENCE:
1-) Partnership agreement,
2-) Population registry,
3-) Copies of notices of default,
4-) Expert examination.
5-) Any other legal evidence.
CONCLUSION AND REQUEST
For the reasons explained above, the dissolution of the ordinary partnership between my client and the defendant for just cause, …-… years, calculated separately for each year at a discount rate of % …, be collected from the defendant and paid to my client, and that the dissolved ordinary partnership be liquidated by your court and the litigation costs and attorney’s fees be borne by the defendant.
ATTACHMENTS :
1-) Partnership agreement,
2-) Population registry,
3-) Copies of notices of default,
4-) One certified copy of the power of attorney
Plaintiff’s Attorney