Contractor's default of construction agreement in return for land share

Therefore, there is not codified under the Turkish Code of Obligations, referred as construction agreement in return for land share at case law of the Court of Cassation, has a range of application in our law but not without legal controversy. Agreement in return for land share is a contract that mixed typed agreement which is one side promises to delivery of the construction and the other side promises to assign the ownership of the land. This is a contract seen as a suitable solution if you consider our country socioeconomics status, which as bringing together a landlord neither has the financial power nor the technical knowledge to undertake the construction a conctractor who has funding for construction. The parties to this contract are landlord who without paying any pecuniary cost getting more valuable property vis-a-vis contractor who undertakes the cost of construction right to have independent section or land share. This contract has strict formal requirements, also has balance itself. The legal disputes are predominantly result from "default of the contractor" in jurisprudence. Balance in the contract is tread a thin line between multiple occasion and expects, also can lie on one side easily via increasing prices of constructional materials while construction phase or violation of the contract by using low quality material or miss the date of maturity. Since the default of contractor is not been specifically regulated in Turkish Code of Obligations we use the terms of "default of the debtor" as its place. At the first section of our study we mention about default of constractor, terms of default and partial default. At the second section discusses the legal consequences of the contractor's default in the construction contract for land share and the legal status of third parties in case of rescission of a contract, and the legal status of the vii third parties, in the third and last part, this study is subject to the reverse effective forward effective termination that exists in the doctrine. Keywords: Construction Agreement In Return for Land Share, Contractor's Default, Rescission of Contract, Contract Termination, Default