Arsa Payı Karşılığı İnşaat Sözleşmesinde Yapı Kayıt Belgesi Alınmasının Yüklenicinin Edimini İfasına Etkisi

In the construction contract in return for land share, the fulfillment of the contract by the contractor is an important element in the transfer of the title deeds for the independent sections purchased by the land owner and third parties. For the Contractor, the full and proper execution of the contract is provided by the performance of the act. In the non-performance of obligation the action allows the landowner to rescission of the contract or to terminate the contract depending on the completion rate of the construction. The execution of the act includes the completion of the construction as well as the construction in accordance with the development. According to the Zoning Law No. 3194, it is mandatory to obtain a building license for all buildings as a rule (art. 21). With the Law No. 7143 enacted in 2018, the temporary article 16 was added to the Zoning Law No. 3194. With this provision, it has been ensured that the building registration certificate is obtained for the buildings with certain qualities and thus the said building becomes legal. Does obtaining a building registration certificate for construction mean that the construction has been completed and the contractor has fulfilled its action in accordance with the law? When the decisions of the Cassation Court are examined, it is seen that in the decisions made in 2018, it is accepted that this document will make the structure legal and it will be taken into account in the fulfillment of the contractor's performance obligation. However, in 2019, the Cassation Court emphasized the temporary nature of these documents and made decisions that the receipt of the document would not result in execution for the contractor. In the study, the legal nature of the building registration certificate, the legal consequences of obtaining this document in construction contracts in return for land share were evaluated within the framework of the decisions of the Cassation Court and the results reached were presented.