18 Aug Concept of Succession
The third person performing the debt is the owner of the principal and feri rights arising from the debt relationship of the creditor. In such cases, the credit does not expire with the performance of the third party and passes to the third party who performs in accordance with the law. The third party replaces the creditor, i.e. becomes the successor to the creditor. In the debt transaction, the debtor faces the third person who is the successor to the creditor as the creditor. After that, the debtor is the third person who becomes the successor to the creditor. Succession is an exceptional case, so it is unacceptable in any case. Successor, debtor
it arises from his will or the provision of the law.
Article 127 of the Turkish Law of Obligations regulates cases that can be succeeded in the law;
“The third party that makes a statement to the creditor, to the extent of its performance in the following cases
successor to the creditor’s rights:
- He saved something that was pawned for someone else’s debt, and on this thing
property or other right in kind.
- A third person who makes a statement to the creditor will be his successor, from a statement by the debtor
if it is first notified to the creditor.
Provisions of the law on other successor states are reserved.”
Results of the succession:
As a saving effect, the debtor will be freed from the amount owed by the third party against the creditor.
A third party replaces the creditor; a third party who performs will replace the creditor. After that, the debtor will be obliged to perform the pipe to the third person who is the successor. In whatever form and conditions it will perform to the creditor, it will be obliged to perform to the third party in the same form and conditions. The third party, which is the successor, will also benefit from the guarantees that it will receive (pledge or surety).
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