Özet:

Redevence (royalty-lease charges) is a contract that allocates mine searching rights and mining claims to a natural person or a legal person for a while. In accordance with the contract, the party of contact, a natural or legal person who has gain mine claim (hirer) due to pay a rental to the holder of mining license up to contract. This contract is called as redevence (royalty-lease charges). Redevence is a synalagmatic, formless, mixed and innominate contract. Formerly, redevence had no legal basis, then in February 3, 2005 a by-law regulates redevence which is called “Mining Activities Implementation” was The Offi cial Gazette with the number 25716. Exceptionally, according to some Turkish Supreme Court (Yargıtay)’s decisions redevence is similar with primary employer-sub employer transaction and provisions of this legal transaction have to enforce to redevence disagreement. Nevertheless, a great majority of high court decisions and the doctrine argue that provisions about usufructuary lease in Code of Obligations are suitable for solving disagreements arising from redevence contract

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