Kentsel Dönüşüm Mevzuatı Çerçevesinde İnşaat Sözleşmesi

Abstract

The purpose of this study is to examine the type of the construction contract on the demolition of a risky building and the construction of a new one in its place in return for land share, as regulated by the Law No. 6306 on the Conversion of Disaster Relief Areas and the Implementing Regulations. The Construction Contract in return for land share, which is a special type of Work Contract, is a contract that is regulated by a notary and brings obligations to both parties. In the contract, the rights and obligations of the parties should be clearly and accurately expressed. As the status of each immovable is different from each other, every construction contract must contain provisions specific to the case in accordance with the legislation, the wishes of the parties, science and standards. Hence, suggestions have been presented in our study having evaluated the problems that may be encountered in practice. Our study consists of foursections. In the first section, the conceptof urban transformation, the purpose of urban transformation, basic concepts related and urban transformation projects in Turkey in general have been dealt with. Then, in accordance with Law No. 6306, the determination of risky structures has been focused on the points that can be seen as influential in the construction contract. In the second section, construction contracts for land share related to the demolishing of the risky structure and the construction of a new structure in its place, and also the debts of the land owner and contractor under this contract have been examined. In the third part, the legal consequences of the breach of the construction contract in return for land share, and the breach of the contract have been discussed. In the fourth part, the termination of the construction contract has been studied. Finally, an overview of the issues examined within the scope of the study and also the evaluations made, have been presented in the conclusion part.