Yargıtay Kararları Işığında Limited Şirketlerde Ortaklıktan Çıkarılma

Abstract

There is a need for a strong cooperation and trust relationship between the partners in limited companies which is one of the most established company types in practice. In cases where any of the partners damage this cooperation and trust, it is important to recognize the right of the company to expulse a partner. Forcing the company and other partners to endure this situation may disrupt the harmony of the partnership. A limited liability company partner can be expulsed from the company by the decision of the general assembly based on the reason stipulated in the articles of association or by a court decision for justified reasons. Expulsion is the termination of the partner's relationship with the partnership against the will of the partner, and the termination of the partnership title with a general assembly or court order. In this article, grounds for expulsion, applying to court for expulsion, and its consequences will be examined theoretically in accordance with the doctrine and supreme court decisions.