The fact that the third party fulfilling the debt is the owner of the primary and secondary rights of the creditor arising from the debt relationship is called succession. In such cases, the receivable does not end with the performance of the third party and passes to the third party performing as per the law. The third person replaces the creditor, that is, becomes the successor to the creditor. In a debt transaction, there is a third person, who is the creditor of the creditor, as the creditor against the debtor. After that, the debtor is the third person who succeeds the creditor. Succession is an exceptional case, meaning it cannot be accepted in all cases. Succession, the debtor
arises from the will or the provision of law.
In article 127 of the Turkish Code of Obligations, the situations that can be succeeded in the law are regulated;
“The third person who has performed to the creditor, in the following cases, to the extent of his performance
succeeds the creditor’s rights:
1. Redeeming something that has been pledged for someone else’s debt, and
if it has property or other real rights.
2. If the third party performing to the obligee will succeed him, the performance by the obligor
if notified to the creditor first.
The provisions of the law regarding other succession cases are reserved.”
Consequences of succession:
As a saving effect; The debtor will be relieved of his debt to the creditor in the amount that the third party has performed.
The third party replaces the creditor; The third person performing the performance will replace the creditor. After that, the debtor will be obliged to perform the debt to the successor third party. It will be obliged to perform to the third party in the same manner and conditions as it will perform to the creditor in what form and conditions. The third party who is the successor of the guarantees (pledge or surety) that secures the receivable will also benefit.
