Master'sOpen Access

Receding from contracts of work due to defective performance

2019
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Advisor: Prof. Dr. Bilgehan Çetiner

Abstract (EN)

The main subject of our study is the conditions and consequences of the business owner's right to recede from the contract due to defective performance in the contracts of work which are frequently applied in daily life. While discussing the subject, controversial views in the doctrine are stated and examples of the decisions of the Supreme Court are given. In the first part of our study, the conditions of exercising the right to recede from the contract due to defective performance in contracts of work are examined. In the second chapter, the legal nature of the right to recede from the contract, the manner and scope of the exercise of this right are examined, and the conditions under which the right to recede from the contract can be limited are discussed. Finally, in the third chapter, the results of the receding from the contract are explained. In this scope, the direct consequences to the business owner and the contractor due to the receding from the contract were examined. Furthermore, the financial consequences of the right of the business owner to claim compensation for the damage suffered due to defective performance and the status of the penal clause were examined.

Author

Dr. Ceylan Bilici Kal

How to Cite

Ceylan Bilici Kal (Master Thesis). Receding from contracts of work due to defective performance, 2019, İstanbul University.

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