The Claim of Increased Value Regarding the Contribution of the Spouses to the Acquisition of the Assets of Joint Ownership in the Regime of Participating Acquired Property

With the new Turkish Civil Code of 2002, the participation in acquired property regime is recognised as an ordinary marital property regime like the Swiss Civil Code which forms the origin of Turkish Civil Code since 1926. The claim regarding the increased value is not only problematic in Turkey but also in Switzerland consedering the posibilities of the contribution whether coming from personal assets or the acquiered assets of the spouses. In this perspective it become more complicated when the spouses acquire goods in their joint ownership. This paper aims to analyse first the posibility 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 Jurisprudence of the Tribunal. Therefore the aim of this paper is to be enlightening for Turkish doctrine and case law at this poin