Residual Value Contribution Case
The legal basis of this case is the articles of the Turkish Civil Code. No. 4721 regulating the regime of participation in acquired property (Art.
218-241), especially Articles 231-236 and the decisions of the Court of Cassation. Property regime agreement and regime of participation in acquired property, property regime
It is a property regime that is filed in accordance with the law because they did not conclude a contract or chose it.
(Art. 202 of the Civil Code) is a lawsuit filed by the spouses or their legal heirs, who are deemed to have chosen this regime, to obtain the money based on personal rights that they can claim from each other when the property regime ends.
The most important feature that distinguishes this lawsuit from the lawsuits filed for “contribution” receivables and “value increase share” receivables is that
burden of proving that he or she has contributed to a good or property that does not belong to him or her. The legislator has counted the spouses in this property regime.
They have given the right to demand money for some. Of their property based on personal rights (Art. 219 TCC). For this, concrete
There is no need to prove a contribution. When the property regime is terminated; as a rule, half of the “residual value” (Art. 231 of the TCC) belonging to the defendant, one of the other spouses or their heirs, each of the spouses or their heirs is taken.
They can claim this as “claim for participation in the residual value”. TMK Art. 231
The acquired assets to be found residual value are explained in Article 219. Social security or social welfare institutions and organizations or
funds and the like established to assist personnel,
loss of earning capacity, retirement
Although they are considered as “acquired property” in our law (Art. 219 of the TCC), all of them are acquired property.
but some of them are personal property, how is this separation process?
It is explained in Article 228.
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