Frequently Asked Questions Regarding the Izale-i Şuyu (Dissolution of Partnership) Case
Dissolution of partnership lawsuits, also known as izale-i şuyu lawsuits, is a multilateral type of lawsuit that affects all parties and ensures the termination of the division of movable or immovable property owned by more than one partner and the transition to personal ownership. Even if the plaintiff who filed a lawsuit waives the lawsuit during the trial process, one of the defendants can follow and conclude the case by notifying the court.Among the important questions that arise during the litigation process are the following:
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Against whom can a lawsuit for dissolution of partnership be filed? Who can open it?
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What is the competent and competent court?
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What is the status of other cases related to immovable properties while the case for dissolution of partnership is ongoing?
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Is it possible to convert the immovable property in the joint ownership into shared ownership in the process of dissolution of partnership?
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What will be the process of the case for dissolution of partnership by sale of immovable property by obtaining authorization under Article 121 of the IPC? Is it possible to prevent the sale?
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Is it possible to hold the auction only between the partners in the case of dissolution of partnership?
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Is it possible to sell or transfer shares while the dissolution of partnership case is pending? Does this situation differ in agricultural land?
- What is the
effect of having an annotation on the real estate before the lawsuit is filed or while the lawsuit is ongoing?
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Can the right of pre-emption be exercised in a case of dissolution of partnership?
In addition to the frequently encountered questions outlined above, it is important to consult a lawyer to get all the information about the characteristics of the real estate that need to be resolved.
yours truly
Atty. Arzu Sultan CAN
