Edinilmiş Mallara Katılma Rejiminin Arabuluculuk Yoluyla Tasfiyesi

Abstract: The regime of participation in acquired property was adopted as legal property regime in the The Turkish Civil Law No. 4721. In this regime, spouses have the right to have in the property that they owned by spending labor or providing the consideration during the regime. Liquidation of this regime would be difficult due to long term marriage or having so much properties. The main reasons for this difficulty are the fact that the acquisition of the property was very long ago and the ambiguity of the value became harder or the change of the acquired property could be considered as reasons such as the uncertainty of the amount of the contribution of the spouses. In such cases, liquidation is done by the expert reports which makes the process both long and costly. Applying to the court for each dispute would increase both the workload of courts and extend the dissolution process. For this reason, the use of alternative dispute resolution in the world is becoming increasingly widespread. Especially mediation, has recently begun to be implemented in our country. The procedure of liquidation of acquired property creates a burden on the judiciary and affects the family relationship, which is one of the most important issue for the society. For this reason, the liquidation of the acquisition regime of the acquired property will be beneficial to both the judiciary and the family, since the mediation of negotiations after the end

Keywords: Alternative dispute resolution, Mediation, Family Mediation, Regime…

I. Genel Olarak

1. Arabuluculuk Kavramı

Alternatif uyuşmazlıkları çözüm yollarından en çok kullanılanlardan bir tanesi(1)…