Contribution Receivable Case
In practice, it is also called the “contribution share” case.
The subject of this case is mostly the previous Civil Code No. 743.
in effect (period before 01.01.2002)
immovable property acquired and registered in the title deed in the name of one of the spouses, traffic
creates motor vehicles registered in registration offices. Mostly
real estate such as fields, plots, vineyards, gardens, houses, shops, etc.
It is acquired by purchasing and registered in the title deed in the name of one of the spouses, it is bought as a land and a building is built on it, it is a member of the cooperative.
later, the floor servitude, the floor ownership was established and registered in the title deed.
is seen. In this lawsuit filed by the non-owner spouse against the owner spouse,
plaintiff; Claims rights by claiming that he also contributed to the acquisition, improvement or protection of the property owned by the defendant. Based on the “contribution” claim, the plaintiff’s
the right that he can claim against the defendant is money in the nature of “personal right”
it should be for receivables. Based on the alleged contribution
No claim can be made in the case. For example, the plaintiff on behalf of the defendant
claiming that he contributed to the purchase of the registered immovable and registering a certain share of the immovable, such as 1/2, 1/3, in his own name in the land registry.
cannot demand. The basis of the claim; purchase of the subject property,
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spent for repair, improvement, protection and similar purposes.
money, labor, materials. For example, this contribution; paying the plaintiff’s salary, wages, self-employment earnings to the defendant, paying the bank debt, cooperative membership dues and installments, giving the jewelery
and it could be in many different ways.
The legal basis of this case; Provisions of our previous Civil Code No. 743, provisions of the Code of Obligations and Supreme Court decisions
forms.
