Arsa Payı Karşılığı İnşaat Sözleşmelerinde Sözleşmeden Dönmenin Üçüncü Kişilere Etkisi
Effects of Termination on Third Parties in Construction Contracts for Land Share

Summary/Abstract: Construction Agreement: ‘in Return for Land Share’, a type of contract which is not specified in the Turkish Code of Obligation, is the main subject of this study. In practice, several phrases are used in the expression of this contract such as construction contract for floor, land share provision floor construction contract, and construction agreement in return for land share which contains the elements of the construction contract, sales and work contract. Therefore, it can be stated that the construction agreement in return for land share is bilateral and has a mixed form. The synallagmatic structure of this contract, basically consists from two parties; a landowner who wishes to construction to be built in an agreed land, and a contractor who is responsible for constructing a building. With this contract, landowner gets into debt the transfer of the land share to contractor, in return, the contractor is obliged to construct independent sections on the land within the determined time period and transfer to landowner bearing the required qualifications as it agreed upon the contract. As a natural consequence of frequent usage of this specific contract, many legal disputes have arisen and submitted to the local court. In the end, the court of appeal has made jurisprudence regarding this issue which is strongly criticized by doctrine. In this study, we systematically analyzed all legal aspects of construction contract in return for land share which is essential to understand the dispute and approach the problem from a different angle. With this aim, we in-depth discussed the definition, component, form, establishment, and revocation of this contract and examine closely to relevant supreme court decisions.

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