Transfer of a Contract

Transferring a contract to another person has broader consequences than assigning a single claim. It aims to transfer party status with rights and obligations. The transfer text, remaining party's consent, and form requirement must therefore be assessed together.

Which Relationship Is Being Transferred?

Under Article 205 of the Turkish Code of Obligations, contract transfer differs from assignment and assumption of debt. Merely granting collection authority or using a subcontractor is not invariably a transfer. The new party's entry date, past breaches, and ownership of earlier claims must be clearly regulated. The contract's special nature or transfer prohibition must also be examined.

Consent and Form

Prior permission by the remaining party, later approval, or a tripartite agreement must be assessed through concrete records. Validity depends on the form governing the transferred contract. A party change may create particular problems for personal obligations and security. Changing an invoice address alone may not establish transfer of the entire contract.

How Is Ongoing Work Protected?

The delivery stage, unpaid amounts, guarantees, and penalty clauses must be compared. The transferor's and transferee's agreement should not obscurely reduce the remaining party's rights. We separate pre-transfer and post-transfer liability in a schedule and identify missing approvals and documents.

Documents That May Be Prepared for the Initial Review

• The main contract
• The transfer agreement and approvals
• The account and work status at the transfer date
• Security and guarantee documents

Submit Your Matter

File review and representation are paid services. Scope and fees are agreed in writing before work begins.