The Contribution Share Case
In practice, this is also called a “contribution share” case.
The subject of this case is mostly the old Civil Code No. 743.
which is in force (01. 01. the period before 2002)
real estate is acquired and registered to the title deed in the name of one of the spouses, traffic
creates motor vehicles registered in registration offices. Often
field, plot, vineyard, garden, house, shop, etc. Dec. immovables such as
it is acquired by purchase, registered in the title deed on behalf of one of the spouses, purchased as a plot of land, a building is built on it, a cooperative is Deconstructed.
then, floor easement, condominium ownership is established and registered to the title deed.
is seen. In this lawsuit filed by the non-owner’s spouse against the owner’s spouse
the plaintiff claims that he also contributed to the acquisition, improvement or protection of the immovable property owned by the defendant. According to the ”contribution share” claim, the plaintiff’s
the right that he can assert against the defendant,
there should be money in the nature of a “personal right” 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 paid a contribution to the purchase of the real estate registered in the title deed and registered a certain share of the real estate, for example, 1/2, 1/3, in the title deed on his behalf.
he can’t demand it. The basis of the claim is; the subject is spent for the purchase of real estate, repair, improvement, protection and similar purposes
390 TL . money, labor, materials. Paying payable contributions to the defendant of the plaintiff’s salary, salary, self-employment earnings, bank debt, payment of cooperative membership dues and installments, giving trappings and so on may be in many different ways. The legal basis of this case is the provisions of our old Civil Code No. 743, the provisions of the Code of Obligations and the decisions of the Supreme Court.