In this article, we aim to provide basic information about the dissolution of partnership (izale-i şuyu) lawsuit filed to terminate the partnership on a real estate or property. This lawsuit is also known in practice as the "lawsuit for dissolution of partnership through sale". This lawsuit ensures the termination of the partnership in properties subject to shared or joint ownership within the framework of the provisions of the Turkish Civil Code. In this context, the most wondered issues in practice such as what a dissolution of partnership lawsuit is, in what cases it can be filed, by whom it can be filed, which court is competent, and how the litigation process progresses are addressed.
What is a dissolution of partnership (izale-i şuyu) lawsuit?
A dissolution of partnership lawsuit is a lawsuit filed to terminate shared or joint ownership on a property and to dissolve the partnership through physical division or sale.
With this lawsuit:
- The partnership is terminated
- The property is shared or sold
- The joint ownership relationship between the parties ends
This lawsuit is based on the shared ownership provisions of the Turkish Civil Code.
In which cases is a dissolution of partnership lawsuit filed?
This lawsuit is especially filed in the following cases:
- Formation of joint ownership through inheritance
- Disagreement between partners
- Joint use of the real estate not being possible
- Continuation of the partnership becoming difficult for the parties
This lawsuit ensures the termination of the partnership.
Who can file a dissolution of partnership lawsuit?
This lawsuit can be filed by any of the partners. It is not mandatory for all partners to act together.
Against whom is a dissolution of partnership lawsuit filed?
This lawsuit is filed against everyone on the title deed record as a shareholder. This lawsuit is a lawsuit of performance within the scope of contested litigation and is a constitutive action as it creates a novelty on the legal plane.
What is the competent and authorized court for a dissolution of partnership lawsuit?
The competent court is the Civil Court of Peace (Sulh Hukuk Mahkemesi). The authorized court is the court where the real estate (property) is located.
Is there a time limit for a dissolution of partnership lawsuit?
Regarding the dissolution of partnership lawsuit, there is no specific statute of limitations or prescriptive period determined in the law. It can be filed at any time as long as the partnership continues.
What should be done before filing a dissolution of partnership lawsuit?
The following issues are important before filing a lawsuit:
- Examination of title deed records
- Determination of share ratios
- Evaluation of partition in kind possibility
- Reviewing the possibility of agreement between the parties
How does the dissolution of partnership process progress?
The lawsuit process generally consists of the following stages:
- A lawsuit is filed in the Civil Court of Peace.
- All partners are included in the lawsuit.
- The status of the real estate is examined.
- Whether partition in kind is possible is evaluated.
- If not possible, a decision for sale is made.
- The sale process is carried out and the amount is shared.
How long does a dissolution of partnership lawsuit take?
The duration of the case varies based on the specifics of the concrete case, but results are generally achieved within **1 to 2 years** in practice. Sale process can extend the timeframe.
FAQ about dissolution of partnership lawsuits
The information on this page is for general awareness. Legal evaluations may vary based on the specifics of each case.
It is important to obtain legal support for a specific evaluation of your dissolution of partnership case.