Türkiye Adalet Akademisi Dergisi

Yazarlar: Ramazan TURAN

Konular:Hukuk

Anahtar Kelimeler:Assignment of a Claim,Assignment of Guaranty Rights,Guaranty,Personal Guaranty,Real Guaranty

Özet: The Obligee can assign the claim to a third party without seeking the consent of the debtor, unless it is forbidden by the law, contract or nature of work. The priority rights that are not specific to obligee’s personality, accrued interests, guaranty rights, formative rights etc. in case of assignment of a claim, such some of these rights, related to the claime are also included in the content of assignment along with the claim. The guaranty rights split in half as real and personal guaranty. It can be accepted that bail and warranty (guarantee) are personal guaranty and movable pledge, real estate pledge, right of lien etc. are real guanty. That is the point, if the conditions consist of along with the assignment of the claim, these guaranty rights depending on the main claim will also transfer the assignee. The main subject of our study is the assignment of claims guarantied.

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