Termination of construction agreement for flat and legal status of third party

While explaining the effect of construction contracts in return for flat on third parties, it is necessary to mention the concepts of contractor's default, retroactive and forward-effective termination. In this type of contract, in case of default by the contractor, the terms of termination with retroactive effect are mostly applied. If a large part of the construction has been completed and the contractor has defaulted on delivery, the land owner is given the right of termination with a proactive effect under Article 125/2 of the TCO. In the study, the views on the situations in which the construction contract in return for flat can be terminated and returned by the parties were examined and the Supreme Court decisions on the subject were examined. In the study, the forms of third parties' acquisition of rights, contractor's default, impossibility of performance, termination of the contract with full compensation, and the case of violation of the form in the contract were examined. The problems encountered in practice by the contractor, the land owner and the third parties who make transactions to obtain an independent section are discussed with the doctrine opinions and the decisions of the Supreme Court. Since there is no legal regulation in terms of construction contracts in return for flats for third parties, attention has been drawn to the negative consequences arising from the case law of the Court of Cassation.