Transfer of receivables of the administration within the private law contracts

The institution of transfer of receivables in our legal system is regulated under the articles 183-194 of the Turkish Code of Obligations No. 6098, under the section of changes to the parties in relations of debt. The concept of the transfer of receivable is not defined in the law, but in the light of the legal regulations, it can be defined as the transfer of receivables by the creditor to a third party, without the consent of the debtor, for the purpose of performance, collection, collateral, donation, provided that it is not impeded by the nature of the work. According to the general provisions, the subject of the transfer is the right to receivable. All receivables may be the subject of the transfer unless they are against the public order, general morality and rights of the person, and as a rule, all receivables can be transferred regardless of the source. In this sense, the transfer of receivables of the administration, arising from the private law contracts is also possible. However, different regulations are needed in terms of the transfer of receivables in private law contracts made by public administrations for various reasons and in which they are the debtor parties. In addition, it is important to evaluate the legal status of the debtor since the debtor is the administration. With this study, it is aimed to apply the concept of transfer of receivables regulated in the law No. 6098 in private law contracts of the administration within the framework of the laws No. 4734, 4735 and 2886 and various legislations.