Contribution Receivable Lawsuit
Contribution Receivable Lawsuit
Also referred to as “contribution” cases in practice
the subject matter of this case is mostly based on the previous Civil Code No. 743 during the period in force (period before 01. 01. 2002)
immovable property acquired and registered in the title deed in the name of one of the spouses, traffic motor vehicles registered at registration offices. Mostly immovable properties such as fields, plots, vineyards, gardens, houses, shops acquired through purchase and registered in the title deed in the name of one of the spouses, purchased as land and built a building on it, becoming a member of a cooperative then condominium easement, condominium ownership is established and registered to the title deed is seen. In this lawsuit filed by the non-owner spouse against the owner spouse
The plaintiff claims that he/she has contributed to the acquisition, improvement or protection of the property owned by the defendant. Based on the claim of “contribution”, the right that can be asserted against the defendant is a “personal right” to money should be directed to the claim. This claim based on the alleged contribution no claim in rem can be made in the lawsuit. For example, the plaintiff, on behalf of the defendant claiming that he/she contributed to the purchase of the registered immovable property and requesting the registration of a certain share such as 1/2, 1/3 of the immovable property in his/her name in the title deed cannot claim contribution. The basis of the contribution claim is the acquisition of the property subject to the lawsuit, 390 repair, improvement, protection and similar purposes
It may be money, labor, material. For example, this contribution may be the plaintiff’s salary, wage, self-employment earnings to the defendant, bank debt, cooperative membership dues and installments, jewelry
and in many other similar ways.
The legal basis of this case is the provisions of our previous Civil Code numbered 743, the provisions of the Code of Obligations and the decisions of the Court of Cassation is constituted.
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