Form and Debtor Protection in Assignment of Claims

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

Assignment transfers the existing creditor's right to a third party. Under Article 183 of the Turkish Code of Obligations, debtor consent is unnecessary unless statute, contract, or the transaction's nature prevents it. The claim must nevertheless be determinable, and restrictions assessed.

Article 184 of the Turkish Code of Obligations requires writing for voluntary assignment. A promise of future assignment differs from the transfer itself and is not subject to the same general form requirement. Transfers by statute or court decision follow special rules.

Absence of a consent requirement does not leave the debtor unprotected. Good-faith performance to the former creditor before notification may discharge the debt under Article 186 of the Turkish Code of Obligations. Disputed ownership may also engage withholding and deposit provisions.

Under Article 188 of the Turkish Code of Obligations, the debtor may raise against the assignee defences held against the assignor when learning of assignment. Set-off and transfer of ancillary rights have separate rules. Assignment neither increases the debt nor transfers the whole contractual party position. The assignor's warranty liability also requires separate examination according to assignment type and statutory conditions.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 183–194. Official legislative text.

This article has been prepared for general legal information purposes.