The Scope of a Release Agreement

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

Release is an agreement between creditor and debtor extinguishing an existing obligation wholly or partly. Article 132 of the Turkish Code of Obligations regulates it as a contract; every unilateral creditor statement or failure to collect is not automatically release. The debt and extent discharged must be identifiable.

Generally, release needs no particular form even if the transaction creating the obligation was subject to statutory or agreed form. Evidentiary and special statutory rules nevertheless remain. Article 420 of the Turkish Code of Obligations particularly requires writing and other protective conditions for employee claims against employers; general freedom of form cannot transfer directly to that area.

A release heading alone does not determine scope. The actual declaration, intention, payments, and claims listed must be examined together. Receipts, settlements, and releases are different: proof of payment does not always waive every right beyond that payment.

Partial release leaves the balance in existence. Joint and several liability or ancillary security requires separate identification of effects on others. Assessment therefore is not confined to written words between creditor and debtor; special rules and the debt's legal structure also matter.

Legal Basis: Turkish Code of Obligations No. 6098, Articles 132 and 420. Official legislative text.

This article has been prepared for general legal information purposes.