BAUVERTRAG ALS GEGENLEISTUNG DER ÜBEREIGNUNG DES EIGENTUMS EINES GEBÄUDETEILS“ IM RAHMEN DES DEUTSCHEN, TÜRKISCHEN UND SCHWEIZERISCHEN RECHTS

Abstract

Construction activity has always been of great importance in Turkey, both in residential construction and in the commercial sector. Due to the increasing number of new buildings in the past decade, more and more international companies are becoming familiar with the construction industry in Turkey. In this context, the prevailing type of construction contract in Turkish construction, the ‘construction contract in return for the transfer of ownership of a part of a building’ is becoming increasingly important for international companies. In order to avoid long-lasting legal disputes, the parties must be able to understand the formal legal scope and content of this building contract. Although the Turkish civil law system is based on Swiss law, there are various results in the interpretation of the case law. In the context of this work, such a construction contract is examined with regard to the Turkish, Swiss and German legal system. Legal incident resolution technique was used as the examination method. The aim and purpose of this work is to consider this building contract and to show how approximately the same regulations can be differentiated from one another based on the interpretation of case law and literature.