The written transfer of a claim from the original creditor to a third party, who then steps into the creditor's position.
All termsUnder Turkish law, assignment (temlik) is the transfer of a claim from the creditor to a third party by contract. The assignee acquires the claim together with accessory rights such as interest and security; the underlying debt relationship stays the same, only the creditor changes.
The assignment must be in writing to be valid, but the debtor's consent is not required. Factoring transactions, transfers of bank loans and assignments of progress payments in construction projects are typical examples. Assignment may be excluded by statute, by agreement or by the nature of the claim.
Notifying the debtor matters for their protection: a debtor unaware of the assignment who pays the former creditor in good faith is discharged. The debtor may also raise against the assignee the defences available against the original creditor.
Borcun üstlenilmesi ile karıştırılmamalıdır: alacağın devrinde alacaklı değişir, borcun üstlenilmesinde ise borçlu değişir ve alacaklının onayı gerekir.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.
We have been informed that people are being contacted via SMS, WhatsApp and phone calls in the name of SLC Law, and asked for payments on the claim that a lawsuit or enforcement file exists against them.
Our firm never requests payments, bank transfers, passwords or personal/banking information via SMS, WhatsApp or phone. Please disregard such messages and do not click on any links they contain.
If you have received a suspicious message, you can verify it through our official contact channels and report it to the police or the Public Prosecutor's Office.