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

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,...

Article

TRANSFER OF THE DEBT TO SOMEONE (TRANSFER OF THE DEBT)

  The parties of credit-debt relations may change over time for various reasons. It is always possible for the creditor or debtor, of their own free will, to transfer the debt they have or the debt they owe to others. In the legal literature, such transactions are called transfer of credit or transfer of debt. Our subject in this bulletin is “transfer of debt”, which means that the debt of the debtor is assumed by another person. Your debt...

Article

TERMS OF LIABILITY DUE TO DEFECTIVE PERFORMANCE AND USE OF RIGHTS IN COMMERCIAL SALES

One of the situations that traders frequently encounter due to their commercial activities is defective performance in the sale of goods and services. In other words, the fact that the goods to be delivered in the contract or the service to be provided are not duly and in the specifications specified in the contract is a common and important problem in commercial sales contracts. In this bulletin, the seller (or service provider) delivers defective goods to the buyer or...

Article

TRANSFER OF CREDIT ( ASSIGNMENT OF CREDIT)

The assignment of the receivable is a kind of contract in which the creditor transfers his right to claim to another. In the transfer of the receivable, a legal relationship is established between the old and the new creditor and the person who is the debtor of this receivable right. People feel the need to transfer their receivable rights to others for various reasons. E.g; transfer of the right to repay someone's debt,

Article

LEGAL VALIDITY OF OBTAINING FLATS FROM THE CONTRACTOR BY WRITTEN AGREEMENT AND CASES FOR REGISTRATION AGAINST THE CONTRACTOR

Contractors sell flats from construction projects that have already started. Sometimes they do this with the promise of sale contracts and sometimes with the transfer (assignment) contracts of the receivable made in ordinary written form. In fact, contractors can sometimes promise to sell the same flat to more than one person at different times and under different contracts. In such cases, it is necessary to determine who is the real right holder and to register in the name of the deed.

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