Article

Rights of the Land or Building Owner in case the Contractor (Contractor) Does Not Deliver the Building on Time

As in all contracts, in construction contracts, the parties must fulfill their contractual obligations as agreed in the contract. In construction contracts, the main debt of the contractor is to complete the construction and deliver it on time. If the contractor cannot deliver the construction on time, he will be responsible for this delay. If the parties have agreed on a certain date in the contract, the construction will be completed on that date, and if they haven't, the construction will be completed within an objective reasonable period of time.

Article

What Can the Building or Land Owner Do If the Contractor (Contractor) does not fulfill his obligation to "Complete the Construction" on time in Construction Contracts?

In construction contracts, the main obligation of the contractor is to complete the construction on time and deliver it to the owner. Both of these obligations must be fulfilled. If the construction is not completed, delivery is not possible as a rule. Since the contractor's "construction completion" and "delivery" debts are two separate obligations that must be evaluated separately, if the contractor fails to fulfill both obligations on time or does not fulfill them at all, the building or...

Article

Obligations of the Contractor (Contractor) Party in Construction Law

The duly fulfillment of the obligations agreed in the contract is in accordance with the principle of pact and fidelity, which is one of the general principles of law. One of the contracting parties has to do what it undertakes to do or give, as agreed in the contract. As a rule, the principle of freedom of contract has been accepted in our law. Accordingly, the parties can freely determine the content of the contract they have concluded. The exception to this rule is mandatory provisions and public...

Article

Obligations of the Contractor (Contractor) Party in Construction Contracts

The duly fulfillment of the obligations agreed in the contract is in accordance with the principle of pact and fidelity, which is one of the general principles of law. One of the contracting parties has to do what it undertakes to do or give, as agreed in the contract. As a rule, the principle of freedom of contract has been accepted in our law. Accordingly, the parties can freely determine the content of the contract they have concluded. The exception to this rule is mandatory provisions and public...

Article

Land Share Construction Contracts

A construction contract in return for a land share is a contract between the land owners and the contractor (contractor), the subject of which is construction. Here, the land owners allocate the land they own to the contractor with a contract to build a building on it. In return, the contractor undertakes to construct a building (construction) on the land allocated to him. The land owners are among the independent sections in the building...

Article

The Difference Between Actions for Annulment of Disposition and Lawsuits for Nullification Filed Due to Collusion

Actions for annulment of disposition and actions for annulment filed due to collusion can be confused with each other due to their verbal connotations and, in some cases, a collusive transaction. In practice, it is common for one of these lawsuits to be filed where the other is to be filed. In this case, instead of rejecting the case, the courts, if the other conditions are right, make the legal characterization correctly and in which provisions the case should be heard...

Article

How to Unblock the Bank Account by MASAK?

The Financial Crimes Investigation Board (MASAK) is an organization affiliated to the Ministry of Treasury and Finance, which operates to prevent laundering proceeds of crime and financing terrorism. In this context, it has undertaken various tasks in order to reveal and prevent risks to economic security. The Board has different functions such as collecting data on money laundering and financing of terrorism, developing strategies, conducting investigations, and producing intelligence.

Article

Negative Decision Case and Its Characteristics

A negative declaratory action is a type of declaratory action opened to prove that you are not indebted. In this case, it is requested from the court to determine that the alleged right or legal relationship does not actually exist. The alleged debtor may put forward different reasons for not having debt. E.g; that such a debt never existed, that the debt has been paid, that the debt...

Article

Special Situation of Precautionary Seizure Requests to which Factoring Companies are Parties

A lien is a temporary seizure of the debtor's property in order to secure the creditor's receivables. In order to claim a foreclosure, it is sufficient to have a receivable belonging to the creditor that has not been secured by a pledge and has not been paid yet. It is possible to request a precautionary lien for undue receivables, but only if there are situations such as the debtor's escape or property smuggling.

Article

Removal of Injunction against Collateral

A lien is the prior confiscation of the debtor's property by a court order in order to ensure that the debtor pays his debt to the creditor on time. As a rule, the lien can be requested on the receivables that are due. For undue receivables, a precautionary lien can be placed on the debtor's goods, but if the debtor has made transactions for the purpose of escaping or smuggling, or the debtor does not have a certain place of residence...