Adi Ortaklıklarda Sözleşmede Hüküm Bulunmaması Durumunda Haklı Sebeple Çıkarma Yapılıp Yapılamayacağı Meselesi

Abstract

The exclusion of a partner -with withdrawal of a partner - in ordinary partnerships are discussed in Turkish Code of Obligations Article 633. Swiss Code of Obligations do not involve a provision about withdrawal and exclusion of a partner in ordinary partnerships. This provision of Turkish Code of Obligations is unified version of German Civil Code Article 736 - which concerns withdrawal - and Article 737, which concerns exclusion of a partner. Correspondingly; the only exclusion reason determined in source German Civil Code article which is “ occuring of a partner related just cause ” is not featured in Turkish Code of Obligations Article 633. Additionally; -differently from our provisions-termination of ordinary partnership with just causes does not take effect with a court decision in German Civil Code and this fact must be considered in this discussion. In this article we analyze if it is possible to exclude a partner when partner related just cause happens and which method should be accepted.