- Chamber
- 15. Hukuk Dairesi
- Docket No.
- 2022/670
- Decision No.
- 2022/3188
- Date of decision
- 19 April 2022
Summary
On default in delivery, the landowner may elect termination, specific performance or damages according to the nature of the contract and the proportion of performance.
Full note
Where the works were substantially complete, the Chamber separately assessed the consequences of termination as regards acquired units and cancellation of title. An excessive penalty may be reduced under TPC art. 182. The security function of the land-share transfer also raises the bona fides of third parties in a conflict with the contractor’s creditors.