Legal status of the third party in the case of where the land lordexercises its right of rescession from the agreement in relation with the construction agreement in return for land share

The construction agreement in return for land share has a significant place among all other construction agreements due to the fact that it is arranged between the parties in an often manner although it is an innominate type of agreement. In this type of agreement, the contractor undertakes to construct and deliver independent sections on the immovable owned by the land owner whilst the land owner undertakes to transfer the ownership of certain land shares to the contractor as well. In the practice, the contractor enters into legal relations with third parties regarding the transfer of independent sections to be transferred to him before the construction is completed. Thus, the contractor provides the necessary financing for the construction of the building. In order to determine the legal relationship between the third party and the contractor, it is necessary to examine the content of the construction agreement in return for the land share to be executed between the contractor and the land owner. The types of agreements that the contractor is entitled to execute with a third party where the occurrence of the events that the land shares are transferred to the contractor before the construction is completed or the land shares are not transferred to the contractor are examined as well. Since the construction agreement in return for land share is not regulated under the law in a direct manner, it has been the subject of debate in the doctrine and Supreme Court decisions whether this type of agreement shall be considered as an immediate or a permanent and whether the land-owner has a right to rescission from the agreement or terminate the agreement due to the contractor's default as well. In any case, it has been evaluated in detailed that the legal situation of the third person who entered into a legal relationship with the contractor in case where it is accepted that the land-owner has a right to rescission from the agreement due to the default of the contractor.