External and Internal Relationships in Joint and Several Debt Liability

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

With joint and several liability, each of several debtors is liable to the creditor for the whole. Under Article 162 of the Turkish Code of Obligations, this arises from agreement or statute. Multiple debtors in one contract do not invariably establish liability for the entire debt, subject to special provisions.

Externally, the creditor may seek all or part from all debtors or just one. The debt is nevertheless collected only once. One debtor's performance or set-off releases the others to the amount discharged. Each may assert personal defences and common defences arising from the debt's cause or subject.

Internally, the relationship determines allocation. Under Article 167 of the Turkish Code of Obligations, shares are equal unless agreed otherwise or indicated by the relationship's nature. A debtor paying beyond their share may seek the excess from others in proportion to their shares. The creditor's right to demand the whole does not mean internal allocation follows the same pattern.

Release, other discharge, interruption, and failure to use defences may have additional consequences. Liability to the creditor and final allocation between debtors are therefore separate examination stages.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 162–168. Official legislative text.

This article has been prepared for general legal information purposes.