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  Citation Number 10
 Views 61
 Downloands 12
Türk Borçlar Kanunuyla getirilen yeni bir müessese: borca katılma
2014
Journal:  
Ankara Üniversitesi Hukuk Fakültesi Dergisi
Author:  
Abstract:

Cumulative assumption of debt is a contract which is signed between debt accessor and creditor and which results joint responsibility amongst debt accessor and debtor. In Cumulative assumption of debt, the first debtor and debt accessor are solidary responsible against the creditor access the charge. To be able to mention about an applicable charge cumulative assumption of debt, it requires the existence of an applicable debt. The content and scope of responsibility of debt accessor against creditor should be determined according to content and scope of debt subject to accession in the time of cumulative assumption of debt in principle. However, it is necessary to mention that cumulative assumption of debt has accessory qualification at the time of establishment and after the cumulative assumption of debt is completed, the debt of accessor is independent from the debt of first debtor. Each of debt accessor and first debtor who have solidary indebtedness relationship amongst is responsible for the whole of the debt. However in internal relationship, debt accessor and first debtor share the responsibility and each of them is responsible for the amount of their own share in the debit. The debtor who fulfills to creditor more than his own share, may have recourse to the other for the part which exceeds his own share

Keywords:

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Ankara Üniversitesi Hukuk Fakültesi Dergisi

Field :   Hukuk

Journal Type :   Ulusal

Metrics
Article : 860
Cite : 5.654
2023 Impact : 0.137
Ankara Üniversitesi Hukuk Fakültesi Dergisi