4735 sayılı Kamu İhale Sözleşmeleri Kanunun 20. maddesi;

Aşağıda belirtilen hallerde idare sözleşmeyi fesheder:

 a) Yüklenicinin taahhüdünü ihale dokümanı ve sözleşme hükümlerine uygun olarak yerine getirmemesi veya işi süresinde bitirmemesi üzerine, ihale dokümanında belirlenen oranda gecikme cezası uygulanmak üzere, idarenin en az on gün süreli ve nedenleri açıkça belirtilen ihtarına rağmen aynı durumun devam etmesi,

 b) Sözleşmenin uygulanması sırasında yüklenicinin 25 inci maddede sayılan yasak fiil veya davranışlarda bulunduğunun tespit edilmesi,

 Hallerinde, ayrıca protesto çekmeye gerek kalmaksızın kesin teminat ve varsa ek kesin teminatlar gelir kaydedilir ve sözleşme feshedilerek hesabı genel hükümlere göre tasfiye edilir.” hükmünü amirdir.

İdarece sözleşme feshine gerekçe yapılan “işi süresinde bitirmeme” durumunda sözleşmenin feshi yoluna gidilebilmesi için “idarenin en az on gün süreli ve nedenleri açıkça belirtilen ihtarı” gereklidir. Bu durumda sözleşmenin feshi için ayrıca “idarenin en az on gün süreli ve nedenleri açıkça belirtilen ihtarına rağmen aynı durumun devam etmesi” şartı da aranacaktır.

Anılan asgari şartlar gerçekleşmeden sözleşmenin feshinin haksız olacağı düşünülmektedir.

89 YORUMLAR

  1. Aw, this was a really nice post. Taking a few minutes and actual effort to make a very good article… but what can I say… I hesitate a lot and don’t manage to get nearly anything done.

  2. You are so interesting! I don’t think I’ve read through anything like that before. So wonderful to discover somebody with some original thoughts on this issue. Seriously.. thank you for starting this up. This site is one thing that is needed on the internet, someone with a little originality.

  3. Good day! I could have sworn I’ve been to this site before but after browsing through some of the articles I realized it’s new to me. Regardless, I’m definitely delighted I found it and I’ll be book-marking it and checking back often.

  4. Hi, I do believe your web site could be having web browser compatibility issues. When I take a look at your blog in Safari, it looks fine but when opening in I.E., it’s got some overlapping issues. I merely wanted to give you a quick heads up! Besides that, wonderful website!

  5. I’m pretty pleased to uncover this website. I wanted to thank you for ones time just for this wonderful read!! I definitely liked every part of it and i also have you bookmarked to see new things on your site.

  6. Oh my goodness! Incredible article dude! Many thanks, However I am experiencing troubles with your RSS. I don’t know why I can’t subscribe to it. Is there anybody else having identical RSS issues? Anyone who knows the answer will you kindly respond? Thanx.

  7. Oh my goodness! Awesome article dude! Thank you so much, However I am going through problems with your RSS. I don’t understand why I can’t subscribe to it. Is there anybody getting similar RSS problems? Anyone that knows the answer can you kindly respond? Thanx.

  8. I’m impressed, I have to admit. Rarely do I come across a blog that’s both educative and interesting, and let me tell you, you have hit the nail on the head. The issue is something that not enough people are speaking intelligently about. Now i’m very happy I stumbled across this during my hunt for something concerning this.

  9. I must thank you for the efforts you’ve put in penning this blog. I am hoping to view the same high-grade blog posts by you in the future as well. In truth, your creative writing abilities has inspired me to get my own, personal website now 😉

  10. Hi! I could have sworn I’ve visited this web site before but after browsing through a few of the posts I realized it’s new to me. Anyways, I’m definitely delighted I stumbled upon it and I’ll be book-marking it and checking back often!

  11. I was very pleased to discover this site. I want to to thank you for your time due to this wonderful read!! I definitely loved every part of it and I have you saved as a favorite to look at new stuff on your blog.

  12. I blog frequently and I truly appreciate your content. The article has really peaked my interest. I’m going to take a note of your website and keep checking for new details about once per week. I opted in for your RSS feed as well.

  13. An outstanding share! I’ve just forwarded this onto a friend who has been conducting a little homework on this. And he in fact bought me dinner due to the fact that I discovered it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending time to talk about this topic here on your internet site.

  14. I’d like to thank you for the efforts you have put in writing this blog. I am hoping to view the same high-grade content by you later on as well. In truth, your creative writing abilities has encouraged me to get my own, personal site now 😉

  15. You are so interesting! I don’t believe I’ve truly read through anything like this before. So great to discover somebody with a few unique thoughts on this issue. Really.. many thanks for starting this up. This web site is one thing that is required on the internet, someone with a little originality.

  16. After I originally left a comment I seem to have clicked the -Notify me when new comments are added- checkbox and from now on each time a comment is added I recieve 4 emails with the exact same comment. There has to be a way you are able to remove me from that service? Thank you.

  17. The very next time I read a blog, I hope that it doesn’t fail me as much as this one. I mean, I know it was my choice to read through, nonetheless I really believed you would have something helpful to say. All I hear is a bunch of whining about something you could fix if you were not too busy searching for attention.

  18. Hi there! This blog post could not be written much better! Looking at this post reminds me of my previous roommate! He always kept preaching about this. I most certainly will forward this article to him. Fairly certain he’s going to have a good read. Thanks for sharing!

  19. After going over a few of the blog posts on your web page, I honestly appreciate your technique of writing a blog. I added it to my bookmark webpage list and will be checking back soon. Take a look at my website too and tell me how you feel.

  20. An outstanding share! I’ve just forwarded this onto a coworker who was conducting a little research on this. And he actually ordered me breakfast due to the fact that I found it for him… lol. So allow me to reword this…. Thank YOU for the meal!! But yeah, thanx for spending some time to discuss this issue here on your website.

  21. An impressive share! I’ve just forwarded this onto a friend who had been conducting a little research on this. And he actually ordered me dinner due to the fact that I stumbled upon it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending time to discuss this topic here on your internet site.

  22. The next time I read a blog, Hopefully it won’t disappoint me as much as this particular one. After all, I know it was my choice to read, nonetheless I truly thought you would have something helpful to say. All I hear is a bunch of whining about something you could possibly fix if you weren’t too busy searching for attention.

  23. An impressive share! I have just forwarded this onto a colleague who had been conducting a little research on this. And he in fact ordered me lunch due to the fact that I found it for him… lol. So allow me to reword this…. Thanks for the meal!! But yeah, thanx for spending the time to talk about this issue here on your web site.

  24. I am young and dirty and I think quite nice to look at. My tits are natural and my nipples are <a href=[Link deleted]show room. Hehe now don’t keep me waiting and let’s go before someone else does and calls me.

  25. A fascinating discussion is worth comment. There’s no doubt that that you should publish more on this issue, it might not be a taboo subject but typically people don’t talk about these issues. To the next! All the best!

CEVAP VER

Lütfen yorumunuzu giriniz!
Lütfen isminizi buraya giriniz