Master'sOpen Access

Architectural project arrangement contract

2023
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Advisor: Doç. Dr. Selin Sert Sütçü

Abstract (EN)

Architectural project arrangement agreements appear as the first stage of the creation of a building. In order for the building to be realized, the project must first be prepared. The subject of our study is the parties to architectural project design contracts, the legal nature of the contract and the rights and obligations of the parties accordingly. In our study, only one of the contracts concluded with the architect is discussed and the preparation of the project of a building is analyzed. While discussing the subject, the controversial opinions in the doctrine are stated and examples from the decisions of the Court of Cassation are given. Since the legal nature of architectural project design contracts and the applicable law to these contracts are controversial in the doctrine, various disputes arise between the parties. In our study, these discussions are put forward and explanations are given in terms of the law applicable to the contract. In the first part of our study, the definition, parties, subject matter and legal nature of the architectural project arrangement agreement are examined, and our opinion on this subject is explained by giving place to various opinions in the doctrine. In the second part, the rights and obligations of the parties arising from the contract are explained. In this context, the copyright of the architect, who is a party to the contract, is also mentioned. In the third part, breach of contract, especially copyright infringement, is emphasized. The reasons for the termination of the contract, statute of limitations and alternative dispute resolution methods applicable to the contract are also discussed in this section. Keywords: Architect, Architectural Contracts, Architectural Project, Obligations of the Architect, Architect's Copyright

Author

Dr. Şule Kılınç

How to Cite

Şule Kılınç (Master Thesis). Architectural project arrangement contract, 2023, Akdeniz University.

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