A contract may provide for payment or a service to someone who is not a party to it. Whether that person has a direct claim depends on the contract's content and purpose. Benefiting from a transaction and claiming a debt in one's own name in court are different powers.

The Direct Right to Claim

Under Article 129 of the Turkish Code of Obligations, a contracting party may seek performance for a third party's benefit. The third party's direct right depends on the parties' purpose, nature of the transaction, or statute. Naming the recipient in a document alone does not resolve every issue. The beneficiary's declaration of intent to exercise rights may also matter for later changes.

Defences of the Contracting Parties

The debtor's defences against the third party and the effect of contractual changes must be examined. The third party not paying the contract price does not necessarily extinguish a direct right. This structure must not be confused with assignment or claiming through representation. The claimant's legal capacity must be stated clearly.

The Document and Performance Chain

The main contract, beneficiary clause, instructions, and payments must be read together. Who requested each performance and whether performance to another discharged the debt must be identified. We assess contractual purpose and direct claim authority separately to help prepare the appropriate application with the correct party.

Documents That May Be Prepared for the Initial Review

• The contract containing the third-party clause
• Instructions and notices
• Beneficiary declarations
• Payment and delivery records

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.