Construction contracts in return for land share

With the changes and developments in social and economic conditions, construction contracts in return for land share began to be established more widely in parallel with the increased need for residential and commercial buildings in community.Construction contracts in return for land share are contracts that are established between a landowner and a contractor and are reciprocal so that encumbers both sides with debt in which the both parties? performances are one time only, not continuous. With the contract, contractor undertakes to construct a building and independent sections within, and dispose determined sections to the owner of the land after the construction is finished. On the other side, land owner takes on the debt to transfer owned share to the contractor. Thus, one can safely conclude that construction contracts in return for land share are dual-type, mixed-character and atypical contracts that have the characteristics of real estate sales contracts and independent contractor agreements.Since the construction contracts in return for land share are atypical contracts, validity of these contracts are not bound to any form requirements by law. However, because the content of these contracts contains the promise of selling real estate, official formation of the contract is necessary. This official form requirement is one of validity, not of proof.With construction contracts in return for land share, the landowner assesses his land in a more qualified way and the contractor gains a new work opportunity by having a land for the construction without an extra payment. The third parties who need housing could also benefit from the independent sections. However, despite the said advantages for parties of the contract and third parties, these contracts may also bring forth some problems.In this study, construction contracts in return for land share are tried to be examined in detail. Description and the nature of these contracts, their elements, formation and differences from similar types of contracts are analyzed in the first chapter. Determination of the provisions which are to be applied to these contracts and the parties' duties as well as their rights arising from said duties are examined in detail in the second chapter. Also general information about law suits for forcing to register is given in this chapter. In the third chapter of the study, the termination of the contract by ordinary and extraordinary reasons is explained. During the research, it is mainly focused on much debated issues by referring different views with their reasons, and reasonable conclusions are tried to be reached within the framework of the decisions of the Court of Appeals.Key Words1.Land share2.Construction3.Land owner4.Contractor5.Forcing to register