Debt-relation as a sub-kind of legal relation is a link that makes one or each of creditor being the active subject and debtor being the passive subject responsible to each other and that may contain several rights and competence. When debt relation is described in this way the question whether any alteration about both active and passive subject is proper or not occurs to mind. The Roman law and therefore the Roman Jurist did not approve such an alteration that might occur with the subjects of debt-relation. However, the appearance of such a need is inevitable with debt-relation owing to commercial and economic indispensibilities. Thus, modern laws and our law have approved this sort of alterations that might happen with the subjects of debt-relation. The issue of assignment of claims that makes any alteration with the active subject (the creditor side) of debt-relation will be examined in this study. The creditor transfers only the credit-right with the assignment of claims. He does not transfer his legal relation (i.e. debt-relation) with the debtor. Debt relation continues between creditor and debtor. In this study the issue of assignment of claims in the Roman law will be examined first, and then the regulations of our ‘law of obligations’ will be tried to examine with comparison to Anglo-American law that is applied in the one forth of the world population
Alan : Hukuk
Dergi Türü : Ulusal
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