İş Görme Borcu Doğuran Sözleşmelerde Taraflardan Bi̇ri̇ni̇n Ölümünün Asli̇ Edi̇m Yükümlülükleri̇ni̇n İfasina Etki̇si̇

Abstract

The main point in contract for construction, attorney and employment is to perform the obligation personally in accordance with the contract. Because in these contracts, the contract is concluded by taking into consideration the personality, ability and skill of the party relying on it.
 In this sense, Art.486 of the TCO regulates the contract of construction on the subject, it is stipulated that the contract of construction concluded by taking into account the personal characteristics of the contractor, the contract will automatically terminate with the death of the contractor. In the provision of Art.513 of the TCO, it is stated that the death of attorney or the client will automatically terminate the contract. This situation is also parallel in contract of employment. TCO Art.440 regulates that in the event of employee’s death, the contract of employment will automatically terminate. After the mentioned regulation, TCO Art. 440/f.2 regulates that the employment contracts established by taking into account the personal characteristics of the employer will automatically terminate with the death of the employer.
 In our study, detailed explanations will be made about how the death of one of the parties in construction, attorney and employment contracts will effect the primary obligations. In this sense, the effect of death on the primary obligations arising from the contract will be addressed according to the conclusion of the contract taking into account the personal characteristics of the parties.