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ARTICLE · 03 JULY 2023

Assignment Of Receivable

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The provisions on assignment of receivable are regulated under Articles 183-194 of the Turkish Code of Obligations numbered 6098 ('TCO').

TurkeyFinance and Banking
Sakar Law Office
Sakar Law Office
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A. WHAT IS ASSIGNMENT OF RECEIVABLE?

The provisions on assignment of receivable are regulated under Articles 183-194 of the Turkish Code of Obligations numbered 6098 ('TCO'). When these articles are analysed, it will be noticed that there is no explicit definition of assignment of receivable. However, in the narrowest sense, it means that it is assignment of a receivable by the creditor to third party.1

The debtor does not participate in assignment of receivable. Unless prevented by the law, the agreement or the nature of business; the creditor may assign receivables to a third party without seeking the consent of the debtor (Article 183 of TCO).

Since assignment of receivable is not an event that is realised by the creditor's unilateral declaration of will, it is important that the assignor (creditor) and the assignee (third party) agree on this issue and give their consent. Therefore, this transaction - which is in the nature of act of disposal - will occur with an agreement

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