Türk ve Irak hukukunda mukayeseli olarak inşaat sözleşmelerinde müteahhidin teslimden sonraki ayıplardan sorumluluğu

Abstract

The subject matter of the thesis is the liability of contractor for the defects in construction contract. In construction contracts, the contractor undertakes constructing a building without any defect. Therefore if a contractor constructs a defected building, he will be liable for the defects. In the thesis, the liability of contractor for the defects is examined from the viewpoint of Turkish and Iraq legal systems comparatively. Because there hasn't been a comparative study of Turkish and Iraq construction laws before and also due to the increase of the number of the foreign, and especially Turkish construction firms working in Iraq, this subject matter is chosen. The thesis includes suggestions in order to remove the lacks of Iraq construction law. The thesis is basically about the Turkish and Iraq construction law systems. But the arrangements of Germany, Switzerland, France, Egypt, Libya, Lebanon, Kuwait and Jordan on construction contracts are examined as well. The thesis has four chapters except the introduction part. In the introduction part, the presenting, importance, scope of the subject matter and the arrangements in Turkish and Iraq law systems are available. In the first chapter, the basic concepts regarding the topic are investigated. In this context, the definition, components, form and parties of the construction contract are examined. In the second chapter, the definition, legal nature, properties and conditions of the liability of the constructer for the defects are investigated. In this context, the pecuniary and formal conditions are examined detailed. The third chapter includes the rights of the building owner due to the defect of the construct. In the fourth chapter, release of the liability of the constructer and the time periods regarding the rights arising from the defect are examined. At the end of the thesis, the result and summary exist. Also at the end of the thesis, translation of the provisions of Iraq, Kuwait and Jordan Codes of Civil regarding work contract in to Turkish are appended. 250