Evaluation of Fiduciary Transactions Made by one of the Spouses with the Third Party Within the Framework of TMK Art. 229 on the Regime of Participation in Acquired Property

According to TMK Art. 229, some gratuitous gains made by one of the spouses and the cessions made with the aim of reducing the participation of the other spouse shall be added as the value to the acquired property during the calculation of the remnantal value. The purpose of this study is to determine the legal consequences of transactions within the scope of TMK Art. 229 and the collusive transactions of the spouses, by revealing the differences between them. In this study, the purpose and the legal nature of TMK Art. 229 that regulates the additions in the participation in acquired property regime will be examined. It will be determined under which conditions this provision shall be applicable. In the second part of the study, it will be examined, that the legal consequences of transactions within the scope of TMK Art. 229 and the collusive transactions of the spouses, by revealing the differences between them. In addition to that, the legal consequences of fiduciary transaction, which is used by a spouse to reduce the participation of the other spouse, will be discussed in the light of the decisions of the Court of Cassation within the framework of our subject