Özet:

Contract of construction of the land share is an atypical contract. Although it is an atypical contract, it is regulated that the right arising from this contract can be annotated in the law. These contracts provide financial advantages to both the landowner and the contractor. The contractor makes a profit by constructing the building without incurring the cost of the land, and the landowner owns the building on the land without paying in cash. However, during the construction of the structure, the retention of all or part of the ownership rights on the land in favor of the landowner poses a risk for the contractor. This is because the landowner, based on their authority of disposal, can transfer the ownership to third parties, establish limited real rights on the property, request the annotation of other personal rights of third parties on the immovable property, or the forced sale of the property may occur due to its debts. The contractor's ability to assert their claim against the new owner unrelated to the debt relationship, limited real right holders, or personal right holders becomes possible through the annotation of the right. Therefore, the annotation is important in construction contracts based on land share for the contractor to obtain their claim right. In this study, the necessity of annotation according to the time of debt performance of the landowner, the impact, provisions, and scope of the annotation have been examined.

Anahtar Kelimeler: