Constructıon Law / Real Estate Law
The construction work is the activities carried out to meet the requirements of people such as housing, energy, logistics, and water, which have emerged with the settled life. Throughout human history, a wide variety of large-scale construction works have been carried out in every period, and these requirements of humanity have been sustained in every period of history. In parallel with these developments, especially with the emergence of the concept of property, real estate ownership has gained importance and special regulations regarding the acquisition and transfer of real estate have been envisaged.
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Today, construction law finds wide application, especially in large-scale energy projects. In addition to construction projects such as dam construction, power plant construction, which are large in price and volume, large-scale projects for the logistics sector are also carried out. Road construction projects, bridges, tunnels and tube crossings may be evaluated within this scope. Construction works on railways are also ongoing. With this aspect, construction law has a very close relationship with both energy law and investment law. Especially foreign investors sign huge construction projects in different countries.
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In Turkish law, construction contracts are considered as a rule within the scope of the work contracts since a commitment of results are contained therein. However, depending on the content, the contract between the parties may be subject to different provisions. For instance, as both the preparation of the project, the supply of materials, the realization of the construction and the supervision are envisaged in different types of obligations. The provisions of this type of contracts may be depended on contract of mandatum and contract of sale. This is determined according to the nature of each sub-work. While preparing the contracts, the provisions of each work must be determined correctly and the obligations of the parties must be arranged in accordance with this legal regulations. Again, sub-contracts may be regulated in a protective manner, in accordance with their legal character, on the rights and obligations of the parties.
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Real estate law has a close relationship with construction law due to rising of all of the constructed buildings on a piece of land. Therefore, who owns the piece of land and the rights in rem determined herein become extremely important. Matters such as the exercise, transfer, and character of rights in rem should be determined well and processes should be carried out in accordance with the characteristic of these rights.
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Both construction law and real estate law have an intense relationship with public law. Especially in the expropriation transactions and zoning plans processes, various transactions are carried out in terms of administrative law. Intensive expropriation is observed in large-scale projects. In these transactions, real estate law should also be taken into consideration, and in some cases, even inheritance law has been found to have application.
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Alparslan Attorneys At Law may quickly fulfill all legal processes related to construction law and real estate law. The intense litigation and contract history of attorneys in team brings Alparslan a step forward. Both the work done in Turkey, as well as works carried out abroad in construction law, energy law, investment law and real estate law; legal assistance is provided interdisciplinary and recent developments are shared with clients up-to-date. When necessary, processes are carried out with civil engineer experts. Litigation and / or arbitration processes can be carried out both ad hoc and institutional arbitration processes. Legal support is also provided in arbitration processes such as ICC, ICSID and UNCITRAL, as well as domestic arbitration centers such as the Istanbul Arbitration Center (ISTAC) and the TOBB Arbitration Court.
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