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- Title
ARSA SAHİBİ, GELİR PAYLAŞIMLI İNŞAAT SÖZLEŞMESİNDEN DOĞAN ALACAKLARI YÜKLENİCİ TARAFINDAN KENDİSİNE ÖDENİNCEYE KADAR BAĞIMSIZ BÖLÜMLERE İLİŞKİN TAPUDA ALICI ÜÇÜNCÜ KİŞİLER LEHİNE TESCİLDEN KAÇINABİLİR Mİ?
- Authors
Umut ERKAN, Üyesi Vehbi
- Abstract
Revenue-sharing construction contract, concluded between the landowner and the contractor, is a contract which requires the contractor to construct a building consisting of independent sections and to engage in activities for the transfer of these sections to third parties, whereas in return obliges the landowner to transfer the ownership of these sections to the third parties and to give a share of the income to the contractor from this transfer. In terms of its legal nature, a revenue-sharing construction contract is a consensual, combined, mutual debt contract which obligates instantaneous-continuous performance. The independent sections constructed in these contracts are transferred by the contractor to the third-party buyers before or after completion. In this way, third parties have the right to request the land registration of independent sections on their behalf. However, it is observed that the landowner avoids the registration of independent sections in favor of third parties, on the ground that the payment arising out of the revenue-sharing construction contract that is due is not paid by the contractor. In this respect, the subject-matter of this article is to determine whether the landowner has the right to avoid registration in favor of third parties due to the fact mentioned above, until the debt is paid off by the contractor.
- Subjects
CONSTRUCTION contracts; PROPERTY rights; RECORDING &; registration; CONTRACTORS; TRANSFER (Law)
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2022, Vol 38, Issue 1, p53
- ISSN
1300-1396
- Publication type
Article