İzale-i şuyu (Dissolution of Partnership) Case
Dissolution of partnership cases is a type of action that allows transferring to individual ownership by terminating the existing ownership relationship between the partners for immovable or movable property that are subject to shared or joint ownership.
The following cases take place in 2 types;
- Just by Taksim (Elimination of Partnership): It is the exact division of movable or immovable property. For example, the elimination of ownership by dividing a plot of 1000 square meters in half.
- By Sale (Elimination of Partnership): It is the division between the stakeholders of the price of movable or immovable property by sale by the sales officer by auction or by tender to be carried out between the parties.
**** Previously, mediation became mandatory in cases of dissolution of the Partnership, although it was not necessary to apply for mediation before the opening of the proceedings, as a result of the amendment made, mediation also became mandatory in cases of doubt. For this reason, the action for the dissolution of the partnership opened without the application for mediation will be dismissed procedurally.
Parties to the Dissolution of Partnership Case
The lawsuit for the dissolution of the partnership is brought against all stakeholders who are partners in the securities or real estate. Any of the parties may request the termination of the partnership. Stakeholders can end the partnership by concluding an agreement between themselves on how to share the property. If the partnership cannot be terminated by agreement, one of the stakeholders to the detriment of all other stakeholders Izale-i shuyu case may request the dissolution of the partnership through litigation by filing.
It is imperative that all stakeholders are involved in the case for the dissolution of the partnership. In the event of the death of one of the stakeholders, all heirs named in the inheritance document must be included in the case by notification. It is impossible to conclude the case without involving all partners in the case.
*** In cases of liquidation of the partnership, the parties are obliged to bear the fees, expenses, expenses, etc., at the rate of their share. For example, all costs incurred by one of the parties until the conclusion of the case are then paid to all parties at the rate of their share.
Dissolution of Partnership Case Clerk and Competent Court
The competent court in the case of dissolution of the partnership (izale-i şuyu) is the court where the immovable property is located.
The competent court is the Magistrate's Court.
**** If the decision to liquidate by sale is made in the case of Izale-i, the sale is carried out by tender and transferred to the relevant sales office or immovable property.