| Summary: | One of the controversial issues among lawyers in termination of obligation and
its performance is legal nature of fulfillment of non-object of obligation.
Although virtually all jurisprudents agree that this kind of fulfillment needs
creditor and debtor's consent, some merely describe it as an ownership contract
and some others define it as novation as a kind of object changing. Determining
the legal nature of paying the object which is different from the issue of
obligation, does not merely have analytical and theoretical impacts, but involves
the effects of the difference between sale and exchange, difference between sale
and unspecified contract, difference between novation etc. Those are practical
impacts of this discussion. In other words, the main aim of this debate is to deal
with the question whether in an agreement such as novation, the guarantees of
debt become abolished or for the sake of the contractual nature of it, some of the
options will be applicable. The aim of this study therefore is to present such
views along with a brief critical analysis.
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