Internal and External Assumption of Debt

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

Assumption of debt encompasses transactions transferring the burden or debtor capacity to another person. Internal assumption under Article 195 of the Turkish Code of Obligations is between the current debtor and assuming person. The latter undertakes to release the debtor by payment or substitution with creditor consent.

The internal agreement alone does not change the debtor towards the creditor. Unless a party to the agreement, the creditor may generally continue pursuing the existing debtor. Another person's statement that they will pay does not mean the creditor loses all rights against the original debtor.

External assumption under Article 196 of the Turkish Code of Obligations forms an agreement between the assuming person and creditor, replacing the old debtor. Acceptance may be express or implied under statutory conditions. Accepting each payment is not automatically external assumption; determine whether the person was accepted as the new debtor.

Debtor substitution requires separate assessment of ancillary rights and third-party security or suretyship. Statutory consent and special rules remain. Assumption differs from accession: accession adds a debtor alongside the old one, while external assumption generally replaces them. The transaction's true content determines this result.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 195–204. Official legislative text.

This article has been prepared for general legal information purposes.