Assignment of claims in the construction contracts

ABSTRACTMaster Degree ThesisAssignment of Claims in the Construction ContractsYılmaz GÖNENDokuz Eylul UniversityInstitute of Social SciencesDepartment of Private LawMaster Degree ThesisOn account of the level of the building technique and the need ofdifferent specializations in producing a structure, nowadays construction isdone by the contractors who labour only with the job as their proficiency isbuilding. For this reason establishing a legal association between the contractorand the business owner who is remote from the job of building becomes anecessity. In consequence the construction contract which is actually anagreement for work, occurs. As all the contracts which fasten an obligation oneach party; the construction contract bears various obligations and claims forthe parties too.In practice, the parties of the contract, considering our countriesfinancial circumstances and their own needs, they sell their claims beared fromthis contract to the third parties. This process, except for the cases in minority,is such as ?assignment of a claim? which is arranged by Law of Obligationsarticle 162 and its continuation. In the course of time, the process has causedintense disputes among the contractor, the business owner and the assignee andalso has become the subject of a lot of civil jurisdiction. In addition to beanalysed frequenty, assignment of obligations in the construction contractwhich underlies a lot of dispute has not been separately discussed.In this work, the assignment of the parties obligations that beared fromthe contract in question to the third party is analysed. In addition to thisanalysis, the contract for construction of plot of land and the assignment ofobligations received priority consideration. Finally, the claims beared from thecontract, attribute of the assignment, terms of its validity, the liability incontract, repetition of assignment and consequences of the contract?s invalidityare analysed in detail.Keywords: 1) Constuction Contract, 2) Contracts, 3) Assignment of Claims,4) Agreement of Work, 5) The Contract for Construction of Plot of Land