Özet:

Among the problems encountered in practice with the co-ownership, defined as the ownership of an undivided property by more than one person with certain shares, the liabilities of the co-owners both against the creditors and each other for the expenditures and obligations that are objectively related to the shared property are of fundamental importance. Due to this importance, the legislator has introduced TCC Art. 694. The aim of this study is to examine this provision in detail. The fact that the provision is only related to the internal relationship necessitates a detailed examination of the (external) liability of the co-owners against third parties for the expenditures and obligations that are objectively related to the shared property in order to realize the purpose of the study. In particular, the acceptance of partial liability as a rule in relations with the creditor in cases where more than one person is responsible for the obligations that are subject to divisible performance makes it necessary to examine TCC Art. 694 in the context of the external liability of the co-owners. To understand the importance of TCC Art. 694 of the in determining the responsibility of the shareholders against each other for the expenditures and obligations arising from the co-ownership, comparisons with the recourse based on the claim rights based on unjust enrichment and agency without authority are also needed.

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