Contribution Claim Case

Also called the “contribution” case for short in practice the subject matter of this case is mostly the previous Civil Code No. 743. during the period in force (01. 01. Period before 2002) immovable property acquired and registered in the deed on behalf of one of the spouses, traffic creates motor vehicles registered in registration offices. Often 3. real estate such as field, land, vineyard, garden, house, shop. references it is seen that it was acquired through purchase and registered in the deed on behalf of one of the spouses, bought as a land and built on it, became a member of the cooperative and then registered in the deed by establishing a floor easement, condominium. In this case, filed by a non-Malik spouse against a malik spouse, the plaintiff claims rights, claiming that he or she has contributed to the acquisition, improvement or protection of property owned by the defendant. Based on the claim of” contribution“, the right that the plaintiff can claim against the defendant must be aimed at receiving money in the form of a” personal right”. A claim in kind cannot be filed in this case based on the claim that it was contributed. For example, the plaintiff may not claim that he contributed to the purchase of the real estate registered in the name of the defendant and request the registration of a certain share of the real estate, such as 1/2, 1/3, on his behalf in the deed. The basis of the contribution claim may be money, labor, materials spent on the receipt of the property subject to the lawsuit, repairing, improving, protecting and similar purposes 390. For example, this contribution; the plaintiff may give his salary, salary, self-employed earnings to the defendant, pay bank debt, cooperative membership dues and installments, give jewelry, and so on in many different ways. The legal basis of this case is the provisions of our previous Civil Code No. 743, the provisions of the Code of Obligations and the decisions of the Supreme Court.