The Right to Claim Under a Third-Party Beneficiary Contract

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

In a third-party beneficiary contract, one party agrees that performance will be provided to a non-party. Under Article 129 of the Turkish Code of Obligations, the person contracting in their own name may demand performance to that third party. The beneficiary need not be a contracting party.

Not every third-party payment clause grants an independent claim. Direct performance claims by the beneficiary or successors must accord with the parties' purpose or custom and usage. Legal scholarship describes the distinction as complete and incomplete third-party beneficiary contracts.

Where a direct right exists, notifying the debtor of the wish to exercise it has further consequences. The contractual creditor can thereafter neither release the debtor nor change the debt's nature or scope. This protects the beneficiary against later dispositions by the parties.

Article 141 of the Turkish Code of Obligations also limits set-off by a person undertaking performance for a third party using a claim against the other contracting party. This must not be confused with representation or assignment: the contracting person acts in their own name; the beneficiary's right arises from the arrangement. Claiming authority, notification, and the recipient of performance must be identified separately.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 129 and 141. Official legislative text.

This article has been prepared for general legal information purposes.