The Commodity Regime Started Date
In lawsuits regarding the liquidation of the property regime, such as the contribution fee lawsuit, the value increase share lawsuit, the surplus value participation claim lawsuit.
First of all, the following issues should be determined: According to which property regime rules will these cases be resolved? The rules will apply
What date does the property regime begin and end between the parties?
has it reached?
If there is a property regime selected by contract between the parties, that property
the rules regarding the goods regime, a property determined by the goods regime contract.
property to which they are bound by law, if there is no regime type
regime rules will apply. The request of the previous Civil Code (743
to an asset acquired during the period in force (TMK No.
is intended for and no other goods regime has been accepted by the parties; “Separation of goods”, which was accepted as a rule regime in our previous Law
according to the regime of the new Civil Code, if the request
It is accepted as a legal property regime if it is for a property acquired after its entry into force and no other property regime has been chosen by the parties.
litigation in accordance with the rules of the “participation in acquired property” regime
will be resolved. .
On what date did the property regime subject to liquidation start between the parties? If the parties have not made a separate contract; Those who got married before the date of 01. 01. 2002 when the Civil Law No. 4721 came into force
between the spouses from the date of their marriage with the previous Marital No. 743
They will be subject to the property separation regime, which is accepted as the legal property regime in our law, and this regime will be subject to the new Civil Code No. 4321.
entered into force on 01.02.2002 and ended on the same date with a new
acquired property stipulated by our Civil Code as a legal property regime.
regime of participation in goods will begin. Spouses at a later date
also in case they choose another regime specified in the law; on the date of the current goods regime goods regime contract between them
will end and the new regime they have chosen will begin. Property regime agreement between spouses who got married after 01. 01. 2002
if not done; regime of participation in property acquired at the time of marriage
will start.
