Türk-Alman Üniversitesi Hukuk Fakültesi Dergisi

Yazarlar: Mesut Serdar ÇEKİN

Konular:Hukuk

Anahtar Kelimeler:Blanket Assignment,Disproportion,Blanket assignments within secured transactions,Fiduciary securities,Right of personality,Good faith,Usury,Adjustment,General terms and conditions

Özet: In the consulting practice of the law on secured transactions, blanket assignments are widely spread. In this context, you can find many clauses where an obligation is secured through the creation of security rights in present or future receivables. But it may happen that with time the amount of the security rights in receivables grows and at the same time the amount of the secured obligation decreases. At the same time, the debtor loses his opportunity to use the receivables for any other purpose. The topic of this essay is to determine under which circumstances there is a disproportion between security and secured receivable regarding blanket assignments and to present proposals for the possible solution of this problem.

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