Contractor's default in share based contracts

Share based construction contracts, which have not been specifically regulated in the Turkish Code of Obligations, are similar to contracts of works and contracts of sale of immovable in line with the transfer of land shares and the construction of a building or independent section, which the contracting parties are obliged to perform against each other. In share based construction contracts, which is accepted as a combination of both contracts mentioned above, the parties may encounter legal problems in the event that this performance is in contradiction with the contract in terms of time and quality. One of the most common of these problems is that the contractor delays the execution as such delaying construction and delivery of the independent section to the land owner, which is the main performance debt, In the solution of the legal problem that occurs in the form of default of the contractor in the contract between the parties, it has been examined within the scope of the applications within the framework of the general provisions of the Turkish Code of Obligations regarding default. It is also important to determine the nature of the contract between the parties as an immediate or permanent contract. However, as a result of the default of the contractor, the possibilities that the land owner may apply, the availability of the right of rescission, which is among these opportunities, the way the contract will end if this right is exercised, the legal status of both the contract parties and third parties in case of rescission of a contract, and the legal status of the third parties, the status of the rights they have gained, depending on the contract has been examined in our study.