Enforcement & bankruptcy · Legal information

How Is the Price of Construction in Return for Flats Put into Enforcement?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The price of construction in return for flats is put into enforcement from the price line in the contract. A land-share claim is not a rent claim. If the line does not write money, a square-metre price is not produced. The creditor puts that line on the file, and the debtor puts the payment and delivery papers. This note answers from which line the price is put into enforcement.

The price may be the share left to the contractor, or it may be a sum of money written on the line. Which it is, is read from that sentence of the paper. If there is no sentence, the price is not assumed. An assumed price does not come out of the allocation list.

Is the price line money or a share?

In a construction-for-flats contract the landowner undertakes the land share, and the contractor undertakes the construction. The price of this relationship is not the rent of a home or a workplace. If the price line writes money, it is a money item. If it says an independent unit or a land share, what is claimed is that share. The share is not turned into a money item. The creditor does not write a price from this note next to the share line. The debtor does not read a money line as a share that has not yet been transferred. Whatever the line says is what is read.

If the line shows both a share and money, the two parts stand apart. The money part is not itself deleted as the counterpart of the share. The share part is not treated as dropped from the title because the money was paid either. A drop is read only if the line writes that result. If the line ties the price to a progress payment or to a delivery condition, the condition is in that sentence. If the paper showing that the condition occurred is not on the file, the item is not treated as having occurred.

How the contract was made, the share transfer, and delivery are on the construction-for-flats contract page. This note does not repeat that guide. What is read in the enforcement file is on which line the price is written, and in whose favour. A debate about formation does not produce a sum of money that is not on the line.

The allocation list is not a price

That the allocation list writes a floor, a facade, or an area does not mean it is a unit price. The list describes who will take which independent unit. A description is not a sale price. Even if the list shows a gross or net area, no multiplication is done if there is no price line. A table on which a multiplication was done is not added to the enforcement request if it is not in the contract. If there is a table, it is asked which line it was produced from. A table whose source is not shown does not stand in for the price line.

An area measure may have been written to separate the share among the units. The separation does not create a separate money line for each unit. Money is read from that writing only if it was written separately beside a line on the list. If there is no writing, the creditor does not multiply the area by a unit price. This note does not produce a square-metre price. A price that is produced stays outside the contract.

If the list and the contract conflict, the price is read from the paper that has the price line. If the list is not cited as an annex authorised to change the price line, the list does not delete the main line. If a supplementary protocol changed the price, what is read is the line of the latest protocol. The old share on the earlier list does not run on its own if the protocol does not preserve it. Which paper is the latest is separated from the date and the signature record. If there is no date, the creditor does not choose the latest paper.

The two parties' items are not copied

The creditor is the party whose right is written on the price line. The contractor and the landowner are not taken as the same person. An item one of them may claim is not copied from the other's line. What the contractor may claim may be the share left to them on the line, or a price written for them. What the landowner may claim may be the unit set aside for them on the line, or a price written for them. The two items are read from two lines. They are not melted into a single request.

A progress payment or a delivery minute is added only if the price line refers to that document. While there is no reference, the minute does not create a new price. If the progress payment is the contractor's debt to a subcontractor, it is not the line between the landowner and the contractor. A subcontract is not stapled in place of the construction-for-flats price line. The landowner does not present the subcontractor's progress chart as their own claim.

If there is more than one landowner or more than one contractor, the creditor is the person in whose favour the line was written. If succession or a transfer is not on the line or in a separate transfer document, the creditor is not treated as having changed. If the transfer document passed a particular share, the share that did not pass is not claimed under a new name.

A delivery minute does not create a new price

The debtor keeps together the same price line, the slips for the payments made, and the delivery minute if there is one. The slip should write which item it was counted against. If it does not, it is matched with the contract line. A payment that does not match is not treated as having closed the share transfer or the money item. If there is more than one slip, each slip is tied to its own item. A slip that is not tied is not treated as having closed the whole price.

A delivery minute may show that the key, or the independent unit, was handed over. The minute does not give rise to a sum of money that is not in the contract. If the minute writes that a particular unit was delivered, a unit that was not written is not treated as delivered. If delivery tied the money item of the price line to delivery, it is read for that item. If it did not, the key minute does not delete the money line. An occupancy record, or a record of permission to use the building, does not stand in for the price line either if the contract does not refer to that record.

If there is a list of incomplete work, the list affects the price line only if the contract or the minute wrote that this list would be deducted from the price. If it did not, the list does not create a new claim. The capacity of the person who drew up the list is looked for in the minute as well. If there is no capacity, the list is not completed as the parties' joint record.

A lease paper does not change the parties

Rent is the lessor's periodic price, and it is on the rent claim page. A lease is not stapled in place of the land-share line. The independent unit the tenant lives in does not make the contractor and the landowner tenant and lessor. If a finished unit was later let, the lease and the rent slip stand apart. This slip does not change the party on the construction-for-flats price line. The debtor does not take the price the tenant paid as the place where their own construction debt closed. The debtor of the two relationships is read from the heading of the paper.

An uncertain share is not turned into a periodic rent either. Certainty is on that line of the contract. If the money line is not certain, a figure is not added to the enforcement request from this note. If a court has ruled on the price, the text that is read is the judgment. Opening with a judgment is on the how judgment enforcement is started page. The distinction between a contract and a judgment is on the judgment and non-judgment enforcement page. The judgment is read by its own operative part, without adding a share that is not in the contract.

A mortgage annotation does not stand in for the price line

If there is a mortgage on the land, that route is on the turning a mortgage into money page. The mortgage annotation does not stand in for the price line. If the annotation writes on the title which claim it secures, that writing is read. The writing does not turn the share line in the construction-for-flats contract into a money item. The creditor does not read the price line without turning the mortgage into money, and does not read it by taking the price line for a mortgage annotation. The headings of the two routes differ. Without a heading being chosen, the annotation is not the basis of the enforcement request.

If a land-share transfer was entered on the title, the transfer closes the condition on the price line only if the line wrote this transfer as a closing. If it did not, the transfer record does not delete the money line. If the transfer relates to another share, it is not put in place of this file's share. The block and the parcel should be the same in the contract and on the title record. A different parcel is not added as the land of this contract.

The line, the slip, and the delivery minute can be read with the sentence of the request through contact. The reading does not write a price that is not on the list.

If the number of the independent unit on the list and the number on the title do not match, the unmatched number is not written as this contract's share. A match is looked for in the block, the parcel, and the unit number together. If one is missing, the creditor does not complete the missing number from a neighbouring unit. If the title record has not yet been created, the uncreated record does not turn the price line into a money item. If the line says a share, what is claimed is that share's description in the contract. A floor that is not in the description is not added to the list later.

Conclusion

The price of construction for flats is put into enforcement from the price line in the contract. If the line says a share, the share is not turned into money. A land-share claim is not a rent claim. The allocation list does not produce a price. A mortgage annotation does not stand in for this line. The frame sits on the enforcement and bankruptcy law page. The request, within the Enforcement and Bankruptcy Code No. 2004, is tied to that line if there is a certain price line. If there is no money on the line, a price is not added.

Legislation

Frequently asked questions

Is a land-share claim pursued like rent?

No. A rent claim is the periodic price in a lease. The price of construction for flats is the price line between the landowner and the contractor. The two contracts are not joined in the same request. The rent route is on the rent claim page.

If the contract has no money line, is a square-metre price written?

No. The area on the allocation list is the measure of the unit. A measure is not a unit price. If the price line is not in the contract, the area is not turned into an amount. This note does not produce a square-metre price.

Are the contractor and the landowner the same creditor?

No. The creditor is the party whose right is written on the price line. The item the contractor may claim and the item the landowner may claim may not be the same sentence. The two items are read from two lines.

Can a lease be the basis of this price?

No. Letting a finished independent unit is not the price line of the construction-for-flats contract. The tenant's slip does not close the item between the contractor and the landowner. The lease paper stands in a separate file.

Which line does the creditor tie to the enforcement request?

The line that shows the price in the contract is tied to the request. If the line writes a particular sum of money, the request rests on that writing. If the line says an independent unit or a land share, money is not added from this note. Certainty is on that line of the paper.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Enforcement & bankruptcy

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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