Supreme Court Judgement Number 21262/2556 (Transfer of Claims as Another Performance)

Abstract

The Supreme Court Judgment number 21262/2556 held, summarily, that when the debtor transfers the claim as another performance than that agreed upon to the creditor who accepts it, an obligation is not extinguished unless the debtor of the transferred claim performs his obligation, or having an agreement in the transfer or claim contract to release the debtor from his obligation. However, from the study, according to the section 321 paragraph 1, an obligation is extinguished if the creditor accepts in lieu of performance another performance than that agreed upon. Therefore, the creditor is not allowed to claim performance from the debtor who transfers the claim as another performance. On the other hand, according to the section 322, if a claim against a third person or any other right is given in lieu of performance, the debtor shall be liable for eviction in the same manner as a seller.