24 Jun Case of Residual Value Participation Claim
The Case That He Will No Longer Participate In Value
The legal basis of this case is the articles of the Turkish Civil Code No. 4721 regulating the regime of participation in acquired goods(m.218-241), especially 231-236. articles and decisions of the Supreme Court constitute. In accordance with the law (TMK m. 202) is a case in which spouses or their legal heirs who are considered to have chosen this regime will receive money based on personal rights that they can claim from each other when the property regime ends.
The most important feature that distinguishes this case from the case in which it will receive a “contribution” and the case in which it will receive a “share of value increase “is that one of the parties is not under the burden of proving that it contributes to the other’s property or assets. In this property regime, the legislator consorts with some of the goods they own (TMK m. 219) gave him the right to claim that he would receive money based on the corresponding Mutual Personal right. For this, no concrete contribution needs to be proved. When the property regime ends, each of the spouses or his heirs shall be entitled to the “residual value”of the defendant from the other spouse or his heirs (TMK m. 231) as a rule, they can request half of it as “no longer participating in the value.” TMK 231. acquired goods for which the residual value will be found in Article 219. are explained in the article. Founded with the purpose of helping Social Security or social assistance or personnel agencies and institutions, crates and the like of the payments made (e.g., such as pensions), claims paid due to loss of working ability; our law “on the acquired goods” also has been counted among(TMC m. 219) all of these are acquired goods
how this separation process is not, some of it is personal property
228. are explained in the article.
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