Change of Party Through Transfer of a Contract

Legal Article · 12 November 2026
Av. Thomas Andreas Di Constantinople

Contract transfer passes party status, with every right and obligation, to another person. Under Article 205 of the Turkish Code of Obligations, agreement among transferor, transferee, and remaining party produces this result. Assignment of one claim or assumption of a particular debt is not transfer of the whole contract.

The remaining party's participation matters because their counterparty changes. The statute also subjects transferor-transferee agreements based on prior permission or later approval to contract-transfer rules. An agreement between two persons cannot invariably force the remaining party to contract with someone new without the required intention.

Validity depends on the transferred contract's form. Statutory form for the original contract must also be considered for the transfer. Special contract types and statutory succession may follow different rules, which the general provision does not remove.

Accession to a contract is regulated separately by Article 206 of the Turkish Code of Obligations. It joins a party alongside the existing one rather than replacing them. Transfer, accession, and merely arranging another person's performance must therefore be distinguished. The transaction determines who remains a party, earlier debts, and security effects.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 205 and 206. Official legislative text.

This article has been prepared for general legal information purposes.