Fellowship (partnership) in the case of elimination of the joint ownership or collective ownership in movable or immovable property subject to the stakeholders (partners) allows you to take ownership and personal property end the relationship existing between two-sided and the sides with similar consequences for the case.
One or more of the stakeholders file a lawsuit for the elimination of the stakeholder against other stakeholders. HMK’s 27. according to the article, it is mandatory that all stakeholders take part in the case. According to the inheritance certificate to be received in the event of the death of one of the stakeholders or partners, the merits of the business should be examined after the heirs are allowed to participate in the case.
699 of the Turkish Civil Code. in the event of the termination of shared ownership in the article, the form of sharing was concluded as follows:
Sharing is carried out in the form of dividing the goods exactly or dividing the price by selling them with a bargain or increase. If no agreement can be reached in the form of sharing, the judge, upon the request of one of the stakeholders, decides to divide the goods by dividing them in kind, and if the values of the divided parts do not coincide, to provide equalization by adding money to the missing part of the value.
If the request for division is not considered in accordance with the circumstances and conditions, and especially if it is not possible to divide the shared property without a significant loss of value, it is ruled to be sold by auction. The decision to make the sale Decisively among the stakeholders depends on the consent of all stakeholders. (TMK m. 699)
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