THE APPROACH OF THE JURISDICTION IS AGAINST EQUITY:
The approach of the Court of Cassation on this issue is also contrary to equity. Namely;
As explained above, most of the construction contracts in return for flat are land plots.
the debt to transfer the title deed to be fulfilled after the construction is completed
are held. For this reason, the rights of legislators, contractors and craftsmen are legal.
He tried to secure it with a mortgage. While this is the common practice, the land owner,
left the application, before the start of the construction, by transferring the title deed to the contractor, it
the owner as well as the right of disposition. Most likely this, more flats
It accepted the risk in order to get high profits. Moreover, third-person
With the idea that “however I got the title deed”, that is, with the belief that the risk is very low,
did not ask for any other warranty from the contractor. Indeed, if the contractor
If he was not in a position to give the apartment, the third party may refuse to buy the flat, perhaps
He would ask the contractor for warranty. In this case, he can take his strong legal position with his own hand.
the contractor who delivers the right in rem to the contractor who only needs to be the owner of the personal right.
shopping with the comfort and confidence of receiving the title deed from the contractor against the transferring land owner
It would also be fair to protect the third party who does not want a guarantee with this trust.
However, the Court of Cassation abandoned the concept of real rights completely and left the guarantee in its hands.
It absolutely protects the land owner who has transferred it to the contractor, and protects the third parties only on the land.
they are victimized on the grounds that they should know the owner’s right to return. Moreover, this
The vast majority of third parties, the small savings they have earned through their life-long work,
He has spent it in hopes of getting an apartment he can live in. The remaining land share
It will cause the destruction of his entire life. In this respect, the equitable solution is
Against the land owner, who has transferred the opportunity in his hand to the contractor, the third party who buys an apartment from him
is to protect.
