Emir Aksoy LL.M, LL.M. IP
The lawsuit for the dissolution of the partnership is also known as izale-i Şuyu. With the lawsuit for dissolution of the partnership, the partnership between the stakeholders who have rights on the movable or immovable property subject to shared or joint ownership is terminated and the transition to personal property is ensured. It is filed against all stakeholders by any stakeholder, and there is compulsory companionship between the stakeholders. It is obligatory for all stakeholders to be present in the case of dissolution of the partnership. In the event of the death of one of the stakeholders, all heirs of the stakeholder must be included in the case.
In the case of dissolution of the partnership, the court in charge is the civil court of peace, and if the subject of the lawsuit is a movable, it is the last place of residence of the testator.
The stakeholder who brought the case in the Izale-i Şuyu case is liable to cover the printed fees and expenses, but at the end of the lawsuit, the court expenses and attorney’s fees paid by the plaintiff stakeholder are shared among the stakeholders in proportion to their shares.
If the stakeholders agree among themselves and submit this sharing plan to the judge, the dominant partnership may decide to share the partnership as agreed by the parties.
In the event that an agreement cannot be reached by the parties on this matter, there are three ways to dissolve the partnership: the same division, sale and establishment of condominium. The main rule in the case of dissolution of the partnership is to apply for the same division first; In other words, it is the termination of the partnership between the stakeholders by dividing the real estate in proportion to their shares without going to the sale way. If there is no demand in this regard, the judge cannot automatically proceed to the division of the immovable property.
The dissolution of the partnership through sale is also regulated in the third paragraph of Article 699 of the Turkish Civil Code. In the event that the division process is not found to be suitable for the situation and conditions, and especially if it is not possible to divide the shared property without a significant loss of value, it shall be judged to be sold by auction. The decision to make the sale by auction is possible with the unanimous vote of all stakeholders.
If an immovable property that can be established as a condominium is in question, it is possible to dissolve the partnership by ensuring that the independent sections subject to condominium are shared among the stakeholders in proportion to their shares. If there is a difference in value between the divided parts, this difference is compensated by adding money to the missing value, if the values of the divided parts do not coincide, as clearly stated in article 699 of the Turkish Civil Code.