There are two parties, in the work contract, the contractor and the owner of the work. The contractor undertakes the obligation to create the work, and the owner of the work undertakes to pay the price in exchange for the contractor’s debt.
What Is Included In The Concept Of Work Mentioned In The Contract Of Work
Expression of creating a work includes replacing an existing work, repairing a work, maintaining a work, or even eliminating a work, and all these can be the subject of a work contract.
Obligations of The Parties
With the establishment of the work contract, the contractor party is obliged to create the work, and the business owner is obliged to pay a fee in exchange for the creation of this work.
The purpose of the contract is to change the principal acts of the parties, which means obligations to fulfill their debts. Therefore, the work contract is a mutual contract, There will be no work contract here if the contractor creates work without charge in return. This is not a work contract in the same way if the contractor is performing an act other than paying a debt fee in exchange for creating a work.
The moment of termination of the contractor’s debt is the moment when the work is completed and delivered to the owner of the business. The contractor’s debt is not continuous, the work contract is separated from the service contract at this point. The establishment of a long-term work contract will also not change this situation.
Nature Of The Debpt To Do The Work
A debt to create a work is a debt of a transaction. In contrast to the employee’s debt in the service contract and the proxy’s debt in the contract of a mandate, the contractor’s debt in the work contract is not an act but the result of an act. Therefore, in the work contract, the contractor’s debt is a result of debt,
The works that bring the subject of the work contract can be movable or immovable properties. The works that have material or corporeal nature come to the fore in the contracts of the work. However, according to the views of some authors in the doctrine, it is accepted that what comes out as a result of the fulfillment of service debts that do not have material assets can also be considered as the work in the contracts of works.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of CONTRACTS OF THE WORK including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of CONTRACTS OF THE WORK.
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