Assignment of Right for The Purpose of Guarantee

Abstract

Today, most legal relations are complicated and legal transactions have become cross-border transactions. The trust of the creditor regarding the protection of his benefits by a debtor has diminished. However, survival in economic life depends on maintaining legal relations. The first solution that comes to mind for ensuring the above-stated sustainability is to always use guarantees that will make the creditor feel safe. Within the scope of this study, the assignment of right for the purpose of guarantee are examined and the principles of this relationship are explained. In this legal relationship, the scope of the guarantee and what constitutes the assurance value are determined. It is also noted that these legal relations, which are a type of fiducia, are subject to the supervision of the standard terms control, regulated between articles 20-25 of the Turkish Code of Obligations. In this context, the validity of comprehensive commitments against articles 20-25 of the Turkish Code of Obligations is discussed, and the results and provisions of the assignment are explained by acting on a sample contract provision throughout the study.