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Contractor's responsibility for defective performance in contracts of work

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2023
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Abstract (EN)

A contract of work is a type of independent contractor agreements. Because of it is a type of contract that we frequently encounter in daily and commercial life, the contract of work has a special importance. The contract of work is regulated between articles 470 and 478 of the Turkish Code of Obligations No. 6098. The optional rights of the client in case of liability arising from defect in the contract of work are discussed in article 475 of the aforementioned law. In our study, the contract of work will be handled in terms of the responsibility of the contractor in case of defective performance. The main obligation of the contractor in the contract of work is to deliver the work to the client without any defects. In the contract of work, both the type of defect and the nature of the performance by the contractor are often confused in practice. Because of the legal consequences that arise in terms of both the types of defect and the type of performance of the act differ, these issues have been tried to be clarified in our study. In case the performance of the performance is defective, the arrangements made regarding the responsibility of the contractor have been examined in detail in our study. In this context, the concept of defect in the contract of work, the types of defect, whether the performance is defective or not, the responsibility of the contractor if the performance is defective, the rights of the client arising from the defective performance and the conditions for using these rights and the limitation period to be applied will be examined within the scope of the thesis. The aim of the thesis is to present legal solutions to the problems in practice regarding the responsibility of defect the contract of work. Keywords: Work, Contract of Work, Defect, Responsibility for Defective Performance, Elective Rights of the Client

Author

Bengisu Kaçar

How to Cite

Bengisu Kaçar (Master Thesis). Contractor's responsibility for defective performance in contracts of work, 2023, Ankara University.

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