THE VARIOUS SITUATIONS WHERE THE LAWSUIT TO COMPELL REGISTRATION CAN BE FILED IN THE CONSTRUCTION AGREEMENTS IN RETURN FOR LAND SHARE

Under construction agreements in return for land share, the land owner undertakes to transfer a certain amount of its land share to the contractor while the contractor undertakes to build condominium units and to deliver such condominium units to the land owner in return for the land shares acquired from the land owner. Although construction agreements in return for land share are not spesificly regulated under any piece of legislation, such contracts can be constructed as a result of the principle of freedom of contract which is one of the principles applicable in the sphere of the law of obligations. Therefore, such contracts can be constructed in various ways in terms of their content and scope. It is possible to demand from the land owner the registration of ownership before the land registry relying on construction agreements in return for land share. In the event that the land owner does not procure registration of the ownership of the contractor or a third party, such persons may seek registration of their ownership before a court. A decision to be rendered by a judge in the face of such claim would be a deemed as a constructive rulimg. The parties of a lawsuit to compell registration would be, depending on the various situations where such lawsuit can be filed, the land owner, contractor and the third party. A lawsuit to compel registation would be classified as a debt enforcement action and therefore the applicable statute of limitations would be the general statutory statute of limitations of 10 years.