Termination of construction contract for land share

Individuals who own land but want to meet their needs such as housing or working place, but do not want to deal with construction works themselves, transfer the land shares to the contractors and make independent sections on the land built. According to a contract between the parties, the independent sections are shared between the contractor and the land owner. In this respect, the land owners themselves own the independent section without dealing with the construction work, the contractors who are specialized in the construction work but do not own the land also profit by selling their independent sections to third parties. This anonymous contract, established between the parties and emerging in practice, is a construction contract for land share. Nowadays, disputes and cases arising from the construction contract of the plot share take an important place. Since there is no specific legislation related to this contract, it is a matter of debate as to which provisions will be applied in resolving disputes that arise. In the first part of our study, the definition of the contractor, the elements, the legal nature, the types, the form, the determination of the provisions to be applied, the differences from the similar contracts and the rights and debts of the parties are given. In the second part, the reasons for the end of the debt are explained in general terms. In the third part of our study, the reasons for the expiration of the construction contract for land share have been examined in detail. In this section, especially, the contract of land share has been given importance to the end of the construction contract and the liquidation of the parties with unilateral declaration of will. In the end of the construction contract, the construction share agreement was tried to reach reasonable conclusions within the framework of the decisions of the Court of Appeal by giving reasons for the different views on the doctrine of the contracting of the contract.