A Comparison of the Construction Contract of Flat for Land with Similar Contracts Cover Image

Kat Karşılığı İnşaat Sözleşmesinin Benzer Sözleşmelerle Karşılaştırılması
A Comparison of the Construction Contract of Flat for Land with Similar Contracts

Author(s): Engin Bahadır
Subject(s): Economy, Rural and urban sociology, Transport / Logistics
Published by: Ahmet Arif Eren
Keywords: Construction for Flat for Land; Similar Contracts; Landowner; Contractor; Comparison;

Summary/Abstract: A construction contract of flat for land is described as ”The landowner guarentees to transfer the ownership of certain shares of the land to the contractor in return for the delivery of the independent sections of the building to be constructed on the land by the contractor.“ This type of contract is anonymous, atypical because there is no contract regulated by law; since the actions that the parties need to perform belong to different legal types of contracts, it is a double type and mixed contract. As a rule, it creates an immediate debt relationship. As the landowner is in debt because of transferring the share of the land in return to the debts of the contractor arisen from construction to be built, the contract means to load the debt to both sides. In fact, the construction contract of flat for land with these properties incorporates important differences that distinguish itself from many similar contracts. Nevertheless, revealing these differences is important to see in a precise way the legal nature and position of the contract. Therefore, the construction contract of flat for land is examined by comparing with similar contracts.

  • Issue Year: 3/2019
  • Issue No: 1
  • Page Range: 177-201
  • Page Count: 25
  • Language: Turkish