The Concept Of Succession
The fact that the third party who performs the debt is the owner of the creditor’s primary and secondary rights arising from the debt relationship is called subrogation. In such cases, the receivable does not end with the performance of the third party and passes to the third party who performs in accordance with the law. The third party replaces the creditor, i.e. becomes subrogated to the creditor. In the debt transaction, there is a third party who is subrogated to the creditor as a creditor against the debtor. After that, the debtor is the third person who is subrogated to the creditor. Subrogation is an exceptional situation, i.e. it cannot be accepted in all cases. Subrogation, the debtor
arises from the will or a provision of law.
Article 127 of the TCO regulates the cases in which subrogation may arise by law;
“The third party who performs to the creditor shall be subrogated to the extent of his performance in the following cases
He succeeds to the rights of the creditor:
1. If he releases a thing pledged for another person’s debt and
property or other real right.
2. The third party who performs for the creditor shall be subrogated to him, if the debtor has
if the creditor is notified first.
The provisions of the law regarding other subrogation cases are reserved.”
Consequences of subrogation:
As a salvific effect; the debtor shall be relieved of its obligation to the creditor in the amount of the third party’s performance.
Subrogation of the third party to the creditor; the creditor will be replaced by the third party who performs. After that, the debtor will be obliged to fulfil the debt to the third party who is the successor. The debtor shall be obliged to perform to the third party in the same manner and under the same conditions as the creditor. The successor third party shall also benefit from the collaterals (pledge or surety) securing the receivable.
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