YENER, Mehmet Deniz Marmara Üniversitesi - Bankacılık ve Sigortacılık Yüksekokulu, Turkey

WARRANTY RESPONSIBILITY OF THE TRANSFEROR OF A CLAIM AND AMENDMENTS TO OBLIGATION CODE NUMBER 6098

38296

The Assignation of a claim is a contract between the creditor and the third party in order to transfer the right to demand arising from a particular relationship of debts. The Assignment of claim agreement is made between creditor and the third party without the consent of the borrower. With the completion of the assignment of claim, third person becomes the owner of the right. From this moment, the right to request payment of the debt would belong to the new creditor. Transferor is considered to guarantee the existence of a claim in the assignments exercised in return for consideration. Transferor is not even responsible for the existence of a claim in the assignments without consideration. Warranty responsibility of transferor covers prepayments and considerations obtained from assignation and its interest, disbursements of assignment of claim and legal proceedings exercised to get access to the claim.

67

The Assignation of a claim , Agreement , Warranty Responsibility

Journal Of Financial Researches an‎d Studies

75