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How to Open a Partnership Elimination Case?

The lawsuit related to the termination of the partnership on movable and immovable property and rights subject to the ownership of individuals through shared ownership or cooperation appears in our law as a case for the dissolution of the partnership. While individuals can terminate their partnership with the contract between them in terms of the rights they own together, in cases where this is not possible, it is the type of case that enables one of the partners to apply for personal ownership by applying to the court and requesting the termination of the fellowship between the parties.

What is the Result of the Partnership Elimination Case?

As a result of the lawsuit that one or more of the partners will open to other partners, the Court will decide the partnership by division, taking into account the amount of shares and the number of stakeholders, and it will not be possible to eliminate the partnership through sales in terms of the subject of the lawsuit.

In the lawsuit filed, the judge will primarily observe the elimination of the partnership through the distribution of the immovable property, and in case this is not possible, it will rule the elimination of the partnership by sale. In the determination made by considering all the properties, quality, qualification, zoning status and number of owners of the immovable, the partnership will be terminated through sales in cases where it is not possible to divide the immovable among the partners in such a way that everyone has a personal right.

In case the decision is made to eliminate the partnership through the sale, the partnership will end after the sale of the subject matter, real estate or rights is sold through the sales office or the enforcement office, after the sales price is distributed among the stakeholders. The auction will be done by the auction procedure and the auction will be open to everyone unless the stakeholders unanimously demand that the sale be made among themselves.