Türkiye’de Arsa Payı Karşılığında İnşaat Sözleşmesinin Hukuki Durumunun Taraflar Üzerindeki Etkileri

Abstract

Today, generally, the owner of the land transfers the land share for the independent sections to be given to the contractor in return for the land share in accordance with the construction contract before the end of the construction in Turkey. In such a case, the contractors sell the said land share to third-parties as to the owner in order to achieve the required financial competence. Problems arise if the land owner returns from the contract she/he has made. Because the root of the problem is how the third parties who have taken the share of the land will be affected by such a situation. In the settled jurisprudence of the Court of Cassation, these transfer transactions made to the contractor before the end of the construction are accepted as advances, and the return of the transferred deed can always be demanded on the basis of the same right. The decision of the Constitutional Court regarding its approach to this situation is that the property rights of the applicant were not violated. In this study, in the light of the decisions of the Constitutional Court and the Supreme Court, the effect of this situation on the third parties who purchase a land share from the contractor if the land shareowner who has made the construction contract in return for the land share reneges from the contract is discussed.