The terms of construction agreements in return for land share

The principle of freedom of contract has been adopted in our law. For this reason, contracts that are not regulated by the law, which have specific characteristics have been created, which has the question of which rules of law will be applied to these contracts. Especially in the recently rapidly developing construction sector, due to changing economic needs and technology, there is a need for contract types in the construction area that are not regulated by law. For instance, landowners who cannot buy apartments because of the high costs of construction sector are looking for different ways to own apartments. By the help of construction agreements in return for land share, this necessity can be met by landowners who are not in good financial position and cannot build on their own land. In addition, contractors, who are complaining about the land prices, can sell the apartments they built only by paying the construction costs without paying any price for the land with this type of contract. In a nutshell, construction agreements in return for land share, which both parties seem to be profitable for, are contracts arising out of necessity and as a result of the principle of contract liberalization. However, which rules of law will be applied to this type of contract is one of the controversial issues that create problems in practice. For this reason, the problems experienced on the subject will be examined with this study by addressing various aspects of construction contracts in exchange for land share, and opinions in the doctrine and the Supreme Court will be included. Keywords: Construction Agreements In Return For Land Share, contractor, land owner, land share, independent section.