Contractual prohibition of assignment (Pactum de non cedendo)

According to the Art. 183/I of Turkish Code of Obligations, nature of the receivable, contract or law may restrict assignment of the receivable. Main subject of this dissertation is the assignment restriction agreed with a contract (non-assignment agreement - pactum de non cedendo). In the first part, assignment restrictions resulting from nature of receivables and law are briefly reviewed; general characteristics of contractual assignment restrictions are shown; contractual assignment restrictions are distinguished from other types of assignment restrictions. In the second part, within the framework reflecting historical development of the controversial legal issue, whether it is or it has to be permissible to prevent assignment of receivables by contract, legal nature of the non-assignment agreement is examined. In the third part, in accordance with Turkish law, legal effects of the non-assignment agreement are explained; specific issues regarding its validity and interpretation are shared. In the fourth part, certain national and international regulations limiting the absolute (third party) effect of non-assignment clauses agreed for monetary receivables are analyzed, and considering these regulations it is sought to form an opinion regarding the legitimacy of Art. 183/I of the Turkish Code of Obligations.