Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi
Yazarlar: Tolga ÖZER
Anahtar Kelimeler:Price,Lump sum price,Adaptation,Contractor,Contract of work and services
Özet: In my article, I have examined the concept of lump sum price in contracts of work and services. In the case that the parties determine the amount of the price in advance and fixed that the contractor will pay, it is accepted that the contract was settled on lump sum price. The amount of the lump sum price in principle cannot be changed subsequently. Hence, in the case of lump sum contracts, the risk is more on the side of the contractor. However, legislation protects the contractors in some cases. As per article 480/2 of the Turkish Code of Obligations, if an extraordinary circumstance that cannot be foreseen or has been ignored by the parties appears and it makes impossible for the contractor to fulfill his debt, the contract may be adapted or if it is not possible, be terminated. In my work, I have also examined this right of contractor to adapt or terminate the contract.