Browsing by Author "Sabuncu, Burak"

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Kat karşılığı inşaat sözleşmelerinde müteahhidin arsa sahibi ve üçüncü kişiler karşısındaki durumu
(2012) Sabuncu, Burak
Flat for Land Construction Contracts, which are not among the contract types regulated in the law, are defined as contracts in which the land owner undertakes to transfer certain shares pertaining to his land to the contractor, and the contractor is under the obligation to construct a building on the transferred land and to deliver determined independent sections to the land owner. These contracts which, in terms of their legal quality, contain elements of immovable sale contracts and independent contractor agreements, are described in the doctrine and in practice, as double type hybrid contracts. No discussions exist, also concerning the form of flat for land construction contracts. The contract has to be concluded in conformity with the official form condition, through being drawn up at notary public. The official form condition is a prerequisite for the validity of the contract. The contract involves mutual liability of the parties. The contractor, with the contract, undertakes to make a construction in conformity with the development and building legislation, under the liability of devotion and care, and also become liable to take the necessary health and safety precautions during the performance of the construction. The contractor also undertakes to deliver the building to the land owner, at the determined time and in conformity with the qualities agreed on in the contract. In return, the land owner undertakes to transfer the land shares determined in the contract, to the contractor.