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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.

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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

New Regulations Regarding Motor Vehicles Compulsory Liability Insurance and Compensation Calculations Have Been Introduced

    The Law No. 09.06.2021 Amending the Enforcement and Bankruptcy Law and Some Laws, which was enacted by the Grand National Assembly of Turkey on 7327, was published in the Official Gazette dated 19.06.2021 and entered into force. By making changes in the Highway Traffic Law No. 2918 (KTK articles 90 and 92 provisions), the issues to be taken into account in compensation calculations for motor vehicles compulsory liability insurance are clarified....

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ACTIONS FOR DAMAGES OPENED DUE TO WRONG REGISTRATION OF THE LAND REGISTRATION

Land registry records are official registries that document who owns the immovables, the shareholders and their shares on the immovables, the area of ​​the immovables, the island/parcel numbers, whether the immovables are pledged or whether there is a cautionary decision on them. As a rule, ownership of an immovable is acquired only with the official transfer process to be made in the land registry and the registration to be made in the land registry as a result. This process is called “registration”. Pledge on real estate...

Article

RESPONSIBILITY TO COMPENSATE DAMAGES DUE TO THE NEIGHBORS OF THE PROPERTY OWNER

In our law, a person is obliged to compensate for the damages he has caused to others through his unlawful and faulty behavior. This is called the faulty liability principle. However, in some cases, the legislator has deemed the occurrence of a loss due to unlawful behavior sufficient for the liability to indemnify. In other words, even if the person has not acted faulty, he is held liable to pay the resulting damage. This is sometimes made...

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LIABILITY OF THE EMPLOYEE TO COMPENSATE DAMAGES DUE BY THE EMPLOYEE

In the Code of Obligations, the person who employs him is held responsible for the damages caused to others during the execution of a job. Moreover, the employer does not even have to have any faulty behavior in the emergence of this damage. The employer is perfectly responsible for the damages caused by the employee. The aim is to eliminate the victimization of the injured person in the best way, as well as the selection of the employees of the employing person,...

PROTECTION OF COPYRIGHTS AGAINST INNOVATIONS BY TECHNOLOGY
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PROTECTION OF COPYRIGHTS AGAINST INNOVATIONS BY TECHNOLOGY

Digitalization continues to change, transform and accelerate every aspect of our lives. This transformation process, which is felt in every field of law, also leads to innovations and developments in the field of intellectual property law. When intellectual property rights are mentioned, copyrights, industrial rights and other related intellectual property rights should be understood. The subject of our newsletter is limited to the status of copyrights. Copyrights and related rights...

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