Arsa Payının inşaatın Ulaştığı Seviye Dikkate Alınmak Suretiyle Devri Sample Clauses

Arsa Payının inşaatın Ulaştığı Seviye Dikkate Alınmak Suretiyle Devri. Arsa payı karşılığı inşaat sözleşmelerinin bir türü olan söz konusu sözleşmelerde arsa sahibi, inşaatın ulaştığı sevi- yeye xxxx arsa paylarını yükleniciye devrederek sözleşme gereği kendi payına düşen yükümlülükleri yerine getir- mektedir. Bunun yanı sıra, arsa sahibi tarafından yükleni- ciye, tamamlanan kısımların satışının gerçekleştirilmesi amacıyla temsil yetkisi verilmesi de mümkündür.30 ligation.32 In addition, since the construction subject to agreement built on the land, it is generally accepted that the contractor’s debt is fulfilled by notifying the land owner that the work has been completed.33 However, if it is not possible to use the building by the land owner due to the legal or actual impossibilities contained in the work, it will not be appropriate to accept that the deliv- ery has been made properly. In practice, the most common example of this issue is that the condition of getting “certificate of occupancy” determined in the contract. In that case, not having a “certificate of occupancy” will be considered as defi- ciency in obligations as illustrated in the decision of the 14th Chamber of Court of Appeals dated 02.07.2012 num- bered 2012/8365 X.xx 2012/9084 K. “The case is about the cancellation of title deed and reregistration as per the construction agreement in return for land share between land owner and contractor. It has been understood that the contractor have not fulfilled his obligation whole and dully. However the rate of the deficiency has not been de- termined. Therefore, by the exploration with attendance of the experts, the amount of the uncompleted works has to be determined and after determination of whether the complete percentages of the construction is acceptable, time to be given the applicant to stock this price. Also, having certificate of occupancy is determined as the obli- gation of the contractor in the construction agreement in return for land share, the court must have rule after giving time to the applicant for having certificate of occupancy and completion of the deficiencies. In light of these explanations, the essential obligation of the contractor is the transfer of the work to the landown- er without any deficiency, in accordance with the proce- dure and the standard, as determined in the contract.