Abstract:

After concluding a construction contract with the land owner in exchange for land share, the contractor begins the necessary preparations to carry out the construction. At this stage, the contractor, who does not have sufficient capital or does not want to use the capital he has in this work, provides the financing of the construction by transferring his personal right to claim land share or independent section ownership against the land owner to third parties by contract. In practice, this is called “basic selling”. It is seen in practice that a third party, who is not a party to the contract, makes various agreements with the contractor in order to own an independent section. The contractor sometimes transfers the land shares, the ownership of which has been taken over in advance from the land owner, by making a real estate sales contract with a third party, and sometimes he undertakes the future transfer of the land shares by making a real estate sales promise contract. The contractor, who has not yet taken over the ownership of the land shares, establishes an assignment agreement with the third party in order to transfer the ownership of the land shares that will be transferred to him in accordance with the contract if he completes the construction. In any case, in order for the third party to be entitled to land share or independent section ownership, the contractor must fully fulfill its debt arising from the construction contract in return for the land share. The third party's ability to take over the contractor's rights depends entirely on the contractor's fulfillment of its obligations. The issue of which conditions the contractor will be deemed to have fulfilled his debt arising from the construction contract in return for land share and which conditions the third party will be entitled to land share or independent section ownership is important and constitutes the subject of this study.

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