THIRD PARTY TO RETURN FROM THE CONSTRUCTION AGREEMENT FOR FLOOR
EFFECT ON
In our country, parallel to industrialization, even faster than industrialization.
The developing urbanization phenomenon has also developed the housing problem at the same speed. Citizens to big cities
policies to create cheap labor, together with serious planning,
Since it was not implemented, the solution of the housing needs of large masses was left to its own flow.
This practice brings together slums on the one hand and unplanned urbanization on the other.
has brought. State-implemented housing projects initially did not exist, but now
is insufficient. Moreover, not only in big cities, but also in Anatolia, the mode of production differs from agriculture.
industry, and in parallel, even in small cities, from rural to urban
There is massive immigration. In small cities, public housing projects
is not implemented. Thus, the solution of the housing problem, without being tied to any plan,
is left to flow. In order to solve this need, the market has started to move towards apartment type construction.
gave priority to the construction, thus, the construction work started by the contractors. The answer to this need
In addition to the exceptions, the procurement of land to give
and with their owners, a “construction contract in return for flat” (as defined in the MK, “land share
In return for a construction contract”), the need for land has been met. Thus, the floor
Construction contracts in return for construction and the disputes arising from them have left their mark on the last thirty-forty years.
hit it.
The most common of these disputes is the construction contract in return for flat,
It is about whether it will be possible to go back in a way that will have effective results.
As it is known, a construction contract in return for flat is a mixed contract.
. forming a mixed contract
The contracts are “exception contract” and “immovable sales promise contract”. The owner of the land,
is in the position of promising the sale of the immovable; the contractor is the one who promises to buy this real estate. It
From this point of view, the contract is a “promise to sell real estate”. However, the contractor
Instead of paying money for the purchase of the immovable, they will build on this immovable and
will give some of it to the land owner. From this point of view, the contract is an exception contract.
carries. The validity of this mixed contract is that the promise of sale of real estate is dominant.
with the view that it should be made in an official form, at least in the form of a notarized arrangement.
the ayes have it.
Construction contract in return for flat, from the point of view of contract type,
is an effective contract. In other words, the parties perform their obligations arising from this contract at once.
and gets rid of debt; the land owner transfers the title deed to the contractor at once, and the contractor also
It is obliged to complete it and deliver it to the land owner at once. From this contract, the lease contract
As in the case of etc., multiple performance debts do not arise over time. With this
However, especially the contractor’s debt to deliver the construction, which takes a long time, is fulfilled in time.
It is a debt that can be incurred. As such, during the performance of the contract, the intervening of third parties
such as the fact that some people buy flats from the contractor before the delivery debt is fulfilled.
cases are encountered frequently. In addition, the performance of the performance over time is actually
legal institutions to be applied in case of partial performance are hesitant.
has created. In particular, the contractor’s performance of the construction debt is in full or partial default.
if the landlord has the opportunity to withdraw from the contract pursuant to BK 106-108.
It has not been discussed. Because in the event of a return, the parties must return what they have received to each other.
liable. However, if a part of the construction has been done, it will be very harmful to dismantle this part.
will require. The construction left on the land will belong to the land owner. Then, to the land owner, just
right of reversal with effect, based on the immediate performance of the contract
Is recognition correct? Otherwise, instead of returning from the contract, the land owner is constantly acting.
As in contracts, should the possibility of termination be allowed? As it is known, termination is a permanent act.
In contracts, it is the way of terminating the contract in a way that the results will be effective for the future. well
In termination, the contract continues to be valid until the termination, legal consequences, termination
is born for the next moment. The Supreme Court attributed this problem to an average formula;
As a rule, it has kept open the possibility of withdrawing from the contract -with effect retroactively; However,
where the nature and characteristics of the event justify, in particular,
agree that the contract may be terminated with prospective effect if the
has done
