Özet:

In the contract of work, unlike the general rule, the contractor has a personal obligation to perform. The contractor's personal performance obligation in the contract of work is regulated in Turkish Code of Obligation (TCO) Article 471/III. However, this is not regulated as an absolute rule; it is also envisaged that the work could be made under the contractor's management. If the personal characteristics and skills of the contractor are not important in terms of performance in the creation of the work, the contractor does not have the obligation to create the work himself. In this case, the contractor may benefit from third parties during the creation of the work. These may be subcontractors as well as auxiliary persons. In the study, at which stages of the work the contractor can benefit from the third person, to what extent the third person's participation in the performance should be and the results based on these are discussed specifically in the context of contract of work. In this study, in terms of the performance of the work by the third party, not only the contractor's involvement of the third party in the performance, but also the performance by the third party based on the will of the creditor and its results were also examined. As a third possibility, the situation where the third person takes the initiative and creates the work without the will of the creditor or debtor has been evaluated. In addition, as the last case, the case of having it done by the third party through the execution channel has been examined.

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