Guarantee obligation of the assignor in the assignment of receivables

The subject of our study is the concept of assignment of receivables and the guarantee obligation of the assignor in the assignment of receivables. The assignment of receivables is the process of transferring the receivables of the creditor in an existing debt relationship to a third party without the consent of the debtor. The assignment of receivables is a three-party legal transaction, including the assignor, the assignee and the debtor. In cases where the receivable is transferred with consideration, the obligation of the assignor regarding the existence of the receivable and the debtor's ability to pay constitutes the basis of our study. As a matter of fact, although the assignment of receivables is one of the most frequently encountered institutions in practice, the fact that the provisions regarding the guarantee obligation are specifically regulated in the law is the main reason for the preparation of our study. The first part of this study analyses the concept of assignment of receivables, the legal nature of assignment of receivables, the validity elements of the assignment agreement, the scope of assignment of receivables, and the provisions and consequences of assignment. The second part of this study analyses the meaning and legal nature of the guarantee obligation of the assignor of the receivable and the comparison of the concept of assignment of receivables with some legal transactions. In the third part of our study, the guarantee obligation of the assignor in the accelerated transfer of the receivable is analysed in detail. Our study has been evaluated within the scope of the opinions in the doctrine and the decisions of the Supreme Court of Appeal.