Dissolution Of Partnerships In Turkish Law And Current Legal Practices

I. Introduction

In Turkish law, the concept of joint ownership manifests itself in the forms of shared ownership and undivided co-ownership. In shared ownership, multiple persons own the entirety of a thing that is not physically divided, each holding a specific share, whereas in undivided co-ownership, the co-owners do not have defined shares and jointly own the property.

The dissolution of partnership is regulated under Article 698 and subsequent provisions of the Turkish Civil Code (“TMK”). A lawsuit for the dissolution of co-ownership is filed to terminate the co-ownership of property subject to either shared ownership or joint ownership.  Article 698 of the TMK provides that each co-owner may request the partition of the property in question.