Marital Property Rejimes And The Comparison Of The Right Of Contribution Claim And The Increased Value Claim 09 December 2021
There are two basic marital property regime models in our law. The first of these is the separation of estates model. In this marital property regime model, spouses have the rights over the property they acquired during the marriage union on their own.
There are two basic marital property regime models in our law. The first of these is the separation of estates model. In this marital property regime model, spouses have the rights over the property they acquired during the marriage union on their own. At the end of the seperation of estates regime, the spouses do not have any real or personal rights over each other's property values. Another is the community of goods model. According to the Turkish Civil Code, “Acquired property is the asset values that each spouse obtains during the continuation of this marital property regime.” Upon termination of the acquired property, the spouses have the right to take back their personal property. The regime of participation in acquired property has a significant difference from the seperation of estates regime. This difference is that when the regime of participation in acquired property ends, each spouse has a legal right to claim half of the surplus value calculated on the basis of the acquired properties of the other during the marital property regime. |
In the event that an optional marital property regime agreement meeting certain form of conditions is not signed by the spouses within the scope of the current legal regulations, the regime of participation in acquired property is applied between the spouses as required by law. The incrased value claim is a right to claim that the other spouse can demand for his/her contribution to the assets, which he/she does not give up in return. The incrased value claim does not have the characteristics of a real right, it is a relative right and can only be claimed against the other spouse. |
On the other hand, the approach of the Court of Appeal regarding the claimability of the contribution made by the spouse's family to the other spouse's assets within the scope of article 227 of Turkish Civil Code is that the contribution made by the spouse's family can be subject to the demand for a share in the incrased value claim only if that the contribution made by the spouse's family is made on behalf of the spouse. |
The right of contribution claim is the equivalent of the contribution made during the periods when the separation of estates regime between the spouses is valid. In the case of the right of contribution claim filed by the non-owner spouse against the owner spouse, the plaintiff; claims that he/she also contributed to the acquisition, improvement or protection of the property owned by the defendant. As a result, the non-owner spouse has a claim. The basis of the claim for contribution may be the money, labor and material spent for the purchase, repair, improvement, protection and similar purposes of the subject property. For example, this contribution can be in many different ways, such as giving the plaintiff's salary or wages, self-employment earnings to the defendant; paying the bank debt or cooperative membership dues and installments, giving jewelery and so on. In the case of the right of contribution claim, one spouse must contribute to the property of the other and be able to prove this contribution concretely. In this context, taking care of the housework and taking care of children by the non-working spouse cannot be considered as a contribution to the property acquired by the other spouse. However, according to the jurisprudence of the Court of Appeal, it is possible for one of the spouses to request a contribution if they have works that exceed the limits of ordinary family cooperation. |
There are differences between the increased value claim and the right of contribution claim in various aspects. In the case of the right of contribution claim, the value of the property subject to the case is taken as the date of the case, while in the case of the increased value claim, the value of the property at the date of liquidation is taken. Although the nominal value guarantee exists in the increased value claim, it is not in question in the right of contribution claim. Also in the right of contribution claim cases, interest is charged from the date of the argument, while in the increased value claim, interest is charged from the decision date. |
____________________ |
Other News
-
21.10.2024
EU Data Act
In today's world, where digitalization is gaining significant pace, data sharing and management are of vital importance for all sectors. In this context, the European Union has adopted the EU Data Act, which reshapes the regulations on data sharing. It aims to promote the wider use of data generated by digital devices and services while introducing new rules for a fair data economy.
-
2.10.2024
Regulation No.2023/1115 on the Prevention of Deforestation and Rules for Companies Exporting Products to the European Union
According to data from the United Nations Food and Agriculture Organization, it has been determined that the world's forests decreased by 178 million hectares over the 30-year period from 1990 to 2020.
-
1.10.2024
SEC Climate Disclosure Rule
For the sake of a livable environment and the future of our world, sustainability and ecosystem protection are becoming increasingly important. In this context, governments are introducing environmental reporting standards for companies, which are among the actors that most significantly impact the ecosystem.
-
26.7.2024
2024-2025 Action Plan For The National Artificial Intelligence Strategy Has Entered Into Force
Presidency of the Republic of Türkiye Digital Transformation Office published 2024-2025 Action Plan for the National Artificial Intelligence Strategy within the framework of the 12th Development Plan in order to further Turkey's progress in the field of artificial intelligence and to achieve the set targets.
-
30.5.2024
Important Amendments Introduced to the Turkish Commercial Code by Law No.7511
The Law on Amendments on Turkish Commercial Code and Certain Laws (the "Law") was published in the Official Gazette dated 29 May 2024 and numbered 32560.
-
8.5.2024
Law Proposal on the Amendments on the Turkish Commercial Code Numbered 6102 and Certain Laws in Offered to the Parliament
Law Proposal on the Amendments on the Turkish Commercial Code and Certain Laws is offered to the parliament. Within the scope of the proposal, it is planned to make important amendments to a number of laws, particularly the Turkish Commercial Code, the Cooperatives Law, the Law on the Protection of Competition and the Law on Consumer Protection.
-
19.4.2024
The Constitutional Court Decision Annulled The Regulation Envisaging Liability For Litigation Expenses Within The Scope Of Mediation In Civil Disputes
In accordance with paragraph 11 of Article 18/A of Law No. 6325 on Mediation in Civil Disputes1 ("the Code"), a party shall be held liable for the entire cost of the litigation, nothwithstanding justification at the conclusion of the proceedings, and shall not be granted power of attorney fee if he or she fails to appear for the initial session of mandatory mediation without providing an explanation.The aforementioned regulation is outlined as follows:
-
8.4.2024
E-Application" Period In Capital Markets Board Applications
With its announcement dated 5 February 2024, the Capital Markets Board ("Board") announced to the public that capital market institutions, organisations and partnerships will be able to make their applications more quickly and effectively through the e-Application System.
-
5.4.2024
The Amounts In The Pre-Conditions To Be Complied With Before The Initial Public Offering Of Shares In Several Sectors Were Decreased
The Capital Markets Board ("Board" or "CMB") decreased the financial thresholds for financial statements, especially considering the sectoral differences of the companies that submitting to the Board for initial public offering and the 12th Development Plan ("Plan") prepared by the Presidency of the Strategy and Budget Directorate.
-
15.3.2024
New Regulations Introduced With The 8th Judicial Package
The Law No. 7499 on the Amendment of the Code of Criminal Procedure and Certain Laws ("Law"), which contains amendments and new regulations known as the "8th Judicial Package", was published in the Official Gazette dated 12 March 2024 and numbered 32487. In this article, we will discuss the amendments to the Criminal Procedure Code No. 5271 (" CPC"), Turkish Criminal Code No. 5237 ("TCC"), Turkish Civil Code No. 4721 ("TCC"), Enforcement and Bankruptcy Code No. 2004 ("EBC") and Law No. 6384 on the Duties and Working Procedures and Principles of the Compensation Commission.
-
12.3.2024
Changes In The PDPL Was Published In THE Official Gazette
Law No. 7499 on Amendments to the Code of Criminal Procedure and Some Laws ("Law No. 7499") including critical amendments to the Law No. 6698 on the Personal Data Protection Law ("PDPL") was published in the Official Gazette on March 12, 2024.
-
9.2.2024
Amendments Were Made To The Regulations Based On The Occupational Health And Safety Law
In the Official Gazette dated 4 February 2024 and numbered 32450, amendments were made to some regulations issued based on the Occupational Health and Safety Law No. 6331:
-
1.2.2024
Turkish Competition Board Mergers And Acquisitions Outlook Report For 2023 Has Been Published
On January 5th, 2024, the Turkish Competition Authority has published the Report prepared by the Competition Board on Mergers, Acquisitions And Privatisation Transactions in 2023 ("Report").
-
31.1.2024
Important Principle Decision From The Advertising Board Regarding Discount Sale Advertisements
At the first meeting of the year held on January 9, 2024, the Advertising Board made an important principle decision regarding discount sale advertisements by amending the "Guideline on Advertisements Containing Price Information and Discount Sale Advertisements and Commercial Practices" in order to prevent consumer victimization through misleading advertisements and practices that lead to unfair competition in the retail trade sector.
-
17.1.2024
The Authority to Decide on Trademark Cancellation Passed to the Turkish Patent And Trademark Office!
In Article 192/1 (a) of the Industrial Property Law ("IPL") published in the Official Gazette dated 10 January 2017 and numbered 29944, the enforcement of Article 26 of the Law titled "Cancellation Cases and Cancellation Request" was postponed until seven years later, and with the Provisional Article 4 of the IPL, it was stipulated that the authority to decide on the cancellation of trademarks would be directly exercised by the Intellectual and Industrial Rights Civil Courts until 10 January 2024.