Third party beneficiary contract

Third party beneficiary contract is a contract in which a creditor and debtor agreed on the performance of an obligation to a third party. In this sense, to be released from the debt, the debtor must perform his duties to the third party. The creditor is only authorized to ask for performance to a third party. In Turkish law, art. 129 of TCO regulates the third party beneficiary contract. This article allows parties to make a third party beneficiary contract but does not regulate the provisions. In a third party beneficiary contract, the third party is either granted a right to claim performance or not. In the first case, a perfect and in the second, an imperfect third party beneficiary contract is in question. If the third party has an individual claim, then there is an exception to the principle of relativity. In this case, the third party may use some contractual rights even though he is not a party to the contract. Moreover, the creditor's contractual rights may be limited due to the existence of the third party's claim. The fact that a non-party can affect the contract in this way, raised various controversies at the doctrinal level. In this study, first of all, the application area of third party beneficiary contracts is generally examined. The doctrinal disputes regarding the application area of the third party beneficiary contracts are analyzed. The differences between third party beneficiary contracts and other similar legal relationships are examined. After that, the rights of the parties and third party are studied. In this regard, regulations in other legal systems and international agreements are also taken into account. In the last chapter, the third party's situation in case of violation of a contract and its impact on the contractual parties are examined. After the theoretical structure is analyzed, a detailed examination is made according to the contractual violation type. In this chapter, non-liability agreements are also examined. Lastly, the cases, in which the performed good is to be returned, are studied. In this regard, the opinions in doctrine and practice are described and our own opinions are also explained.