The creditor can transfer the claim to another person upon the agreement with him (yield of claim). Since the moment of conclusion of such an agreement, the primary creditor yields to the new creditor. Yield of claim is not admissible if an obligation in relation to the new creditor cannot be performed without amending its matter, either if upon the agreement with the debtor the yield was excluded. Yield of claim is excluded if the latter cannot be brought to the penalty.

Upon the yield of claim the new creditor receives the hypothecs, mortgage rights and the right of commission, established in virtue of the given claim. The new creditor may exercise the right for the priority satisfaction in case of the compulsory performance. The primary creditor is obliged to inform new creditor about the data necessary for the exercise of the claim right, and to give out the documents (being at his disposal), necessary for the authentication of the claim. The primary creditor, upon the request of the new creditor, must submit to the latter the document on yield, authenticated in official order. Expenses for the authentication of such a document shall be borne by the new creditor. The debtor shall have the right to bring to the new creditor those objections and claims in return, which he had at the moment of the yield of claim against the primary creditor.

The debtor shall have the right to perform his obligation in the primary creditor’s favour until he’d informed about the yield of claim. Shall the creditor notify the debtor about the yield, then, in relation to the latter he is not entitled to dispute over the validity of the yield, even if in reality it was not done or it is invalid. Notification can be recalled only upon the consent of that person, who was nominated as a new creditor.  If the primary debtor agrees on the yield of the same claim with several persons, then the legally capable before the debtor will be the one, with whom the primary creditor has established relations earlier then with others. In relation to the transfer of claim in virtue of law or in virtue of the sentence of court, the rules foreseen by the Article s 466-472 of the present Code shall be applied. Rules of the yield of claim shall be respectively applied for the transfer of other rights, unless otherwise is stipulated in the law. The third party, upon the agreement with the debtor, may take over the debt in such way that to take position of the primary debtor.

If the third party, upon the agreement with the debtor, takes over the debt, then the validity of agreement shall depend on the consent of the creditor. Shall the creditor refuse in consent, then the transfer of debt shall be considered as unoccurred. The person, who took over the debt, may bring objections against the creditor’s claim, which are based the legal relations between the creditor and the primary debtor. Such a person may not bring the claim, which belongs to the primary debtor. The person, who took over the debt, may not bring the objections against the creditor, basing on the legal relation between him and primary debtor, which is the ground for the transfer of debt. In case of the transfer of debt, all the commissions and mortgage rights provided for its security shall terminate.

1. Gurbanguly Berdimuhamedow: “Ösüşiň täze belentliklerine tarap” saýlanan eserler. Tom: 1,2,3,4,5,6,7,8,9,10,11,12,13 Aşgabat 2008ý, 2009ý, 2010ý, 2011ý, 2012ý, 2013ý, 2014ý, 2015ý, 2016ý, 2017ý, 2018ý, 2019, 2020ý.
2. Türkmenistanyň Konstitusiýasy. Aşgabat 2020ý
3. Türkmenistanyň Raýat Kodeksi. Aşgabat 2014ý
4. “Türkmenistanyň Döwlet serhedi hakynda” Türkmenistanyň kanuny. Aşgabat 2013ý
5. “Kiçi we orta telekeçiligi döwlet tarapyndan goldamak hakynda” Türkmenistanyň kanuny. Aşgabat TDNG 2009ý

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