The case of dissolution of the partnership (partnership) is a case that ends the joint ownership relationship between the stakeholders (partners) in the movable or immovable property subject to joint ownership or joint ownership, and provides similar results for both parties and for the parties.
One or more of the stakeholders bring the lawsuit against the other stakeholders. In accordance with Article 27 of the HMK, it is obligatory for all stakeholders to take part in the case. In the event of the death of one of the stakeholders or partners, the basis of the business should be examined after the heirs are ensured to participate in the lawsuit according to the inheritance certificate to be obtained.
In Article 699 of the Turkish Civil Code, in case of the termination of the shared ownership, the form of sharing resulted as follows:
Sharing is carried out in the form of dividing the property exactly or selling it by bargaining or auctioning and dividing the price. If there is no agreement in the form of sharing, upon the request of one of the stakeholders, the judge decides to divide the property in the same way, and if the values of the divided parts do not coincide with each other, money is added to the missing value to provide an equalization.
If the division request is not found 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 among the stakeholders is subject to the consent of all stakeholders. (Turkish Civil Code article 699)
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