Arsa Payı Karşılığı İnşaat Sözleşmelerinde Sözleşmeden Dönmenin Üçüncü Kişilere Etkisi Konusundaki Yargıtay Kararının Eleştirisi (2)
Criticism of the Supreme Court Decision Regarding the Effects of Termination on Third Parties in Construction Contracts in return for Land Share (2)
Author(s): Ömer Büreyde Erdal, Neslihan Kavak Güven, Ecem MemişSubject(s): Civil Law, Court case
Published by: SD Yayınevi
Keywords: Construction Contract for Land Share; Default of Contractor; Revocation of a Contract; Critical Approach to High Court’s Decision;
Summary/Abstract: In the first chapter of our study, we analyzed the legal consequences of the exercise of landowner’s right to revoke the contract in construction contracts for land share. In this part, we examine the approach of the High Court towards the aforementioned issue. With this regard, the principle of trust to land registry and good faith are remarked at the outset. Subsequently, we elaborately discuss the underlying reasons on which the High Court’s decision is established. This concept of the study does not merely consist of the criticism of the specific court decision, but it tackles the general attitude of the High Court in the process of solving the legal problem.
Journal: Uluslararası Sosyal Bilimler Dergisi
- Issue Year: 4/2020
- Issue No: 19
- Page Range: 152-175
- Page Count: 24
- Language: Turkish