Residual Value Participation Claim
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 231-236. articles and Supreme Court decisions. The regime of participation in the goods acquired with the goods regime contract.
in accordance with the law because they have chosen or did not make a property regime contract.
(Turkish Civil Code. 202) is a case for the spouses or their legal heirs, who are considered to have chosen this regime, to receive money based on personal rights that they can demand from each other when the property regime ends.
The most important feature that distinguishes this lawsuit from the lawsuit for “contribution” receivables and “value increase share” claims; one of the parties to the other
the burden of proving that he contributed to a property or property belonging to
not below. The legislator has spouses in this property regime.
They have given the right to claim mutual money based on personal rights regarding some of the goods they own (Turkish Civil Code 219). For this concrete
a contribution does not need to be proven. When the goods regime ends; As a rule, half of the “residual value” (Turkish civil law. 231) belonging to the defendant from each of the spouses or their heirs, the other spouse or his heirs.
They may request it as “receivables to participate in residual value”. Turkish Civil Code Article 231
The acquired goods for which the residual value will be found are explained in article 219. Social security or social assistance institutions and organizations or
chests and the like, which were established for the purpose of helping the personnel,
loss of working power through payments (such as pensions)
compensation paid for; Although it is counted among the “acquired goods” in our law (Turkish civil law. 219), all of them are acquired property.
is not, some of it is personal property, how is this separation process?
It is explained in article 228.
