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The debtor may raise defenses against the assignor to the assignee

at the time of notice of the assignment of receivables (Art. 188 of the

Code). Such defenses may include a plea (e.g. non-payment plea) and

objection rights

8

.

Conclusion

The assignment of receivables is one of the most important and

commonly used security methods, and will be continued to be applied

in banking practices. Two key points are that the assignment of receiv-

ables agreement shall be executed in writing, and the debtor is to be

notified with regard to the assignment. The assignee generally requests

a letter from the debtor confirming that the assignment of receivables

agreement is in place, and that he is aware of the assignment.

264

NEWSLETTER 2015

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Eren

, p. 1241.