Abstract:

With the new Turkish Civil Code of 2002, the participation in the acquired property regime is recognized as an ordinary marital property regime like the Swiss Civil Code which forms the origin of the Turkish Civil Code since 1926. The claim regarding the increased value is not only problematic in Turkey but also in Switzerland considering the possibilities of the contribution whether coming from personal assets or the acquired assets of the spouses. In this perspective it becomes more complicated when the spouses acquire goods in their joint ownership. This paper aims to analyze first the possibility of claiming the increased value to the assets which in the joint ownership of the spouses. Then if the answer is positive, the calculated method regarding the increased value will be examined. In this regard the Swiss Federal Tribunal has two different decisions which are interesting in order to demonstrate the shift of the jurisprudence of the Tribunal. Therefore the purpose of this paper is to be enlightening for Turkish doctrine and case law at this point

Keywords: