Alacağın Devri Sözleşmesine Uygulanacak Hukuk

Anahtar Kelimeler: Alacağın devri sözleşmesine uygulanacak hukuk, iradî devir, 5718 sayılı Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun, Roma I Tüzüğü, Milletlerarası Özel Hukuka Dair Federal Kanun

Abstract…

With the advancement in technology, the number of cross border transactions that involve assignment of claims has increased. In this paper, the law applicable to assignment of claims is discussed. Initially, assignment as a legal institution is examined, its economical functions are explained and the problem of characterization in relation to assignment which is arising from the hybrid nature of assignment is discussed. Next, the Regulation on the law applicable to contractual obligations (Rome I Regulation) Article 14 -which is the relevant article that regulates the issue of assignment under the European Union conflict of laws rules- will be examined. Following this, Switzerland’s Federal Code on Private International Law Article 145 will be assessed. Finally, the law applicable to assignment of claims under Turkish private international law will be discussed in light of the discussions under the Rome I Regulation and Swiss conflict of laws rules. Where relevant, references will be made with regards to Turkish substantive law.…

Keywords: Law applicable to assignment of claims, voluntary assignment, Law on International Private Law and Procedural Law numbered 5718, Roma I Regulation, Switzerland’s Federal Code on Private International Law …