279 / 522
parties may mutually determine to omit the accrued interest within the
scope of the assignment of receivables
5
.
The right of filing a law suit and enforcement rights arising from
the assigned receivables shall also be assigned to the assignee.
Compensation claims and penalty claims, as well as securities, such as
pledges and suretyships, arising from the assigned receivables, are also
to be transferred with the assigned receivables
6
. The right of selection
is one of the transferred rights that are aligned with the assigned receiv-
ables to the benefit of the assignee. The assignor shall deliver all doc-
uments evidencing the assignment of receivables and other information
in order to request and claim the assigned receivables to the assignee
(Art. 190 of the Code).
The consent of the debtor is not required to validate the assignment
of receivables (Art. 183 of the Code). The assignment of receivables
agreement is executed between the assignor and the assignee without
the consent of the debtor that is attached to the subject assigned receiv-
ables. However, the debtor, who has no knowledge of the assignment
(has not been notified of the assignment of receivables agreement),
shall be released of its obligations when he makes a bona fide payment
to the assignor (Art. 186 of the Code). According to banking practices,
the assignor is requested to notify the debtor of the execution of the
assignment of receivables agreement. This requirement is generally
regulated under the assignment of receivables agreement, and it is usu-
ally deemed that the assignment of receivables agreement is duly per-
fected when the notification is made to the debtor. Moreover, in prac-
tice (mostly in the cases where the banks’ are the assignee) confirma-
tion by the debtor to receive such a notification with regard to the
assignment of receivables agreement is requested. Some debtors may
submit confirmation with no questions raised; however, the confirma-
tion process may be troubled, and may not be smoothly effected. Upon
the notice of assignment, the payment obligation of the debtor is to the
assignee
7
.
LAW OF OBLIGATIONS
263
5
Oğuzman
/Öz, p. 549.
6
Eren
, p. 1239-1240.
7
Oğuzman
/Öz, p. 552.