Counterparty alteration in contract

"Counterparty Alteration in Contract" was not regulated in the repealed Code of Obligations numbered 818. This concept has been legally regulated under the name of "transfer of contract" in the Turkish Code of Obligations numbered 6098. Previously, it was accepted in the jurisprudence and doctrine that the party to a contract could change within the framework of the principle of freedom of the contract. The principle of transfer of the contract as regulated in Article 205 of the Turkish Code of Obligations is a three-party transaction between the transferor, the transferee, and the remaining parties to the contract. Consent and declaration of intention of all three parties are required. With this transaction, one of the parties to the contract that is the subject of the transfer leaves the contract by transferring all its rights and obligations arising out of the contract to a third party. The third party, on the other hand, is included in the contract as a party and has rights and obligations arising out of the contract. The transfer of contract is a legal transaction for a direct party change. In this respect, it differs from similar institutions that make changes in one or more of the elements of the contract. Considering the examples in practice, it is seen that apart from the general provision of the Turkish Code of Obligations regarding the transfer of contract, special provisions are also included in various contract types or various cases. In this study, the transfer of contract which is based on the motivation of the party change in the contract; historical development, examples in comparative law, legal features, comparison with similar institutions, provisions, and terms and conditions will be examined within the framework of examples in practice.