Abstract:As a member of the family, the relationship of the child with the parents is considered in custody institution. But, how

ÖZ Arsa payı karşılığı inşaat sözleşmesine ilişkin olarak Yargıtay tarafından, yüklenici lehine olan tapu kaydına güvenerek işlem yapan üçüncü kişilerin güvenleri korunmamaktadır. Zira, burada korunmaya değer olan taraf arsa sahibi olarak kabul edilmektedir. Buna uygun olarak, Anayasa Mahkemesi de incelemeye konu bireysel başvuru kapsamında yükleniciden tapu devir alan üçüncü kişi niteliğindeki başvurucuların mülkiyet haklarının ihlâl edilmediği sonucuna varmıştır. Ancak, bahsedilen karar ve Yargıtay'ın yerleşik uygulaması oldukça eleştiriye açıktır. ANAHTAR KELİMELER: Arsa payı karşılığı inşaat sözleşmesi, Arsa payı, Geriye etkili fesih, İleriye etkili fesih, Güven ilkesi.

As a member of the family, the relationship of the child with the parents is considered in custody institution. But, how should the relationship be established with the other parent of the child if custody is given to one of the parents due to the termination of family relationship? If this condition is left to the initiative of the parents with the custody, especially in cases where an abrasive divorce process is experienced, it can lead to the use of children as a revenge tool. At this point, with the idea that it is to the benefit of the child to establish relationship with both parents even if separately, the legislator has made a legal regulation on this issue (TCL. Art. 323-324). According to the regulation mentioned, each of the parents has the right to request the establishment of appropriate personal relationship with the child who is not under his/her custody or is not given to him/her. But not only parents, third parties other than those, for example a grandparent may request to establish a personal relationship with the child in such a case. Turkish Civil Code allows a third person to establish a personal relationship with the child to the extent that it is to the benefit of the child (TCL. Art. 325). In our study issues of the conditions under which children can establish relationships with third parties, who can be accepted in this context and how to provide this relationship are considered.

Nowadays, developing commercial life has led companies to develop new methods to enter new markets and meet the expectations of consumers. One of these methods is the franchise system. The system first became popular in the United Kingdom and then in the US and other countries. Franchise agreements generally do not have a legal regulation in the countries where this system is applied. The contracts between the parties form the legal relationship. Within the framework of this relationship, franchisee takes advantage of the brand's recognition, competitiveness, marketing and advertising advantages. The franchiser has the opportunity to transport the product of the same standard to a wider marketing network with low cost and speed. Franchise agreement creates a continuous obligation relationship between the parties. Therefore, the emergence of justified reasons may result in the termination of the contract. The parties may have arranged the reasons for the termination of the agreement between them. Even if no arrangement is made, the nature of the relationship may justify the reason for such an end. Because the franchise agreement establishes a relationship of trust between the parties and the damage of this relationship may make the contract irresistible. In our study, first of all, general information about the legal nature of the contract and the rights and obligations of the parties is given. Then, the conditions for the termination of the justification were evaluated and it was discussed how the situations could lead to this.