The status of the stranger in the default of the contractor in the construction contract in return for flat

Although construction contracts in return for flat are widely used construction contracts in our country, they are not specifically regulated in the law. It is seen that the disputes arising from these contracts, which are not regulated by law, are resolved in practice with the help of jurisprudence and doctrine. In this study, the situation of the third party in case the land owner exercises his right to return due to default in the construction contract in return for flat is examined. In the event that the contractor defaults in the construction contract in return for flat, the legal status of the third party entitled from the contractor will be affected by the legal situation between the contractor and the land owner. The contractor's default may occur during the start and construction of the construction, as well as in the performance of the contractor's delivery debt. The land owner has optional rights within the framework of article 125 of the Law of Obligations due to the contractor's default in the construction contract in return for flat. With the use of the right of return, which is one of these optional rights, the status of the third person will be differentiated as either forward-effectively or backward-effectively according to the rate of completion of the building. In case the contract is terminated with a forward effect, the contract may remain valid, whereas in case of retroactive termination, the contract will lose its validity and the situation between the parties will return to the state before the contract was concluded, so the parties will be relieved of their obligation to perform and may demand their previous performances back.