Preliminary contract for real estate sale

This doctoral thesis examines the preliminary contract for real estate sale, which, since its establishment, has been a subject of debate in Turkish legal doctrine. The thesis comprises four chapters. The first chapter discusses the legal composition of the preliminary contract for real estate sale and explores its different applications in practice by contrasting it with similar legal institutions. The second chapter has two parts: in the first, the formal conditions required for the validation of the preliminary contract for real estate sale and the consequences of non-compliance with such conditions are discussed; this is followed, secondly, by a discussion of the essential components of the contract. The third chapter discusses the terms of the preliminary contract for real estate sale with respect to the contracting parties. It then examines the consequences to third parties in the event that the contractual rights are annotated, before turning to the consequences of non-performance of obligation under the preliminary contract for real estate sale. The final chapter examines the termination of the preliminary contract for real estate sale. / In parts of this thesis, Swiss and German legal evaluations have been introduced in an attempt to achieve greater clarity of the issues. In order to establish where points of divergence occur in practice, examples of judicial decisions on disputed areas have been supplied where appropriate, and suggestions proposed for the resolution of issues arising in practice.