Electional rights of the land owner in case of contractor's default in construction contracts for land share

Construction contracts in return for land share are not a contract type specifically included in the Turkish Code of Obligations, they are a mixed contract that combines the elements of a work contract and an immovable sale contract. In the construction contract in return for land share, especially the qualifications of the work to be done, the duration and the price constitute the three important points of the contract. In the completion and delivery of the agreed construction on time, the employer as well as the contractor have legal interests worthy of protection, and in the case of the contractor's default, the optional rights of the land share owner are important in this sense. In this context, the thesis study consists of three parts. In the first part, the definition, parties, elements and legal nature of the construction contract in return for land share are emphasized. In the following sections, the contractor's default in the construction contract in return for the land share and the optional rights of the land owner in case of the contractor's default are given. In this context, the electoral rights of the landlord in case of default of the contractor within the framework of the principles in practice and the Turkish Code of Obligations, especially based on the Swiss and German doctrines, have been revealed with legal consequences within the scope of high judicial decisions.