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Assignment of a claim for security purposes as a transaction based on trust

2025
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Advisor: Dr. Öğr. Üyesi Evrim Kerman

Abstract (EN)

The economic conditions of the modern era have compelled creditors to seek forms of security beyond those explicitly regulated by statutory law in order to safeguard their claims against debtors. The devaluation of money caused by high inflation has rendered the recovery of receivables increasingly difficult for creditors, while the inadequacy of existing security instruments has prompted debtors to explore alternative mechanisms. In this context, fiduciary transactions established for security purposes have become widely utilized in practice, as they offer flexibility to both creditors and debtors. Although such transactions are fundamentally based on mutual trust between the parties, the erosion of this trust over time may lead to deviations from the intended security purpose and give rise to further legal disputes. This thesis examines the assignment of receivables for security purposes as a form of fiduciary transaction, from the perspectives of both the law of obligations and the law of evidence. The objective of the study is to analyze the legal nature, essential elements, and validity requirements of fiduciary transfers established for security purposes, to evaluate the differing judicial and doctrinal interpretations encountered in practice, and to present the

Author

Dr. Ceyhun Emre Babacan

How to Cite

Ceyhun Emre Babacan (Master Thesis). Assignment of a claim for security purposes as a transaction based on trust, 2025, Özyegin University.

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