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Contractor's transfer of right to claim on construction agreement return for landshare

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2019
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Abstract (EN)

In this study, general informations about construction agreement in return for landshare and statute of stakeholders whom buy single space or land share from constructer due to this agreement ; definition, legal nature, facts, types and discharge of constract of construction agreement in return for landshare are given and are examined within the articles of transfer of claims in Turkish Code of Obligations and pursuant to doctrine and Supreme Court decisions. Afterwards, rights to demand of stakeholders within the construction agreement in return for landshare interrelatedly to both these issues are explained. Likewise, whether implementation of articles of assignment of claims in Turkish Code of Obligations on real estate sale is possible and Supreme Court's legal opinion of steady decisions in the direction of contractor's acquire right because of the construction agreement in return for landshare is tied to articles of transfer of claims are compared to majority opinion in doctrine. With this study, by examining of Supreme Court's conflictive practices on doctrine's majority opinion in transfer of claims by resort to bonds, appreciation of generated different legal conclusions is aimed. Key Words: Land Share, Transfer Of Claims, Stakeholders, Constructer

Author

Zekiye Gizem Durmuşoğlu

How to Cite

Zekiye Gizem Durmuşoğlu (Master Thesis). Contractor's transfer of right to claim on construction agreement return for landshare, 2019, Yeditepe University.

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