Research Information System
Thesis Type: Postgraduate
Institution Of The Thesis: Istanbul Commerce University, Sosyal Bilimler Enstitüsü, Turkey
Approval Date: 2017
Thesis Language: Turkish
Student: ALİ ZİYA KAHVECİ
Supervisor: ŞEKER MUZAFFER
Open Archive Collection: AVESIS Open Access Collection
Abstract:Construction agreement in return for land share is a synallagmatic contract between the land owner and the contractor as comprising the elements of the contract of work and sale in a mixed nature. As a consequence of the establishment of the construction contract, the owner of the land will allow to be constructed the building via transferring his share to contractor on its own land whereas simultaneously the owner will deliver and assign the independent section to the land owner. The construction contracts have become a highly-preferred contract with respect to land owner and contractor due to the increase in land prices and also considering the change of the prices of the materials used in construction according to exchange rate and the development of the engineering industry day by day. By execution of this contract, the contractor aims to have one or more independent section by surviving the high cost of the land whereas the land owner aims to have same as surviving the high cost of the construction. The construction contract for the construction of a plot of land has a unique set of characteristics, from the establishment to the end, for the reason that it has a mixed structure. For this reason, the legal nature of the contract, the form it depends on, the rights and obligations of the parties and the manner of termination of the contract will be examined together with the doctrine and the decisions of Supreme Court. Especially as specifically dealing with the questions for termination of the contract.