Real or legal persons, called agents, brokers or brokers, are institutions regulated as merchant assistants within the scope of commercial enterprise Law. These are merchant assistants. In fact, as the other side of the coin, they are also merchants. Who the trader is is regulated in TTK12 and onwards. It is among the most important issues of commercial business law in terms of both natural person merchants and legal entity merchants and the consequences that are linked to being a merchant.
Real or legal persons called merchants, who can appoint as assistants, have been envisaged by the legislator under two headings. There are provisions mainly in the law of obligations and the commercial law. When it comes to dependent merchant assistants, they are dependent on the merchant in determining their working hours, going to and from work, and until meal times and they are not independent. They must always be real persons. So they already work in a dependency relationship and get fixed wages. However, in terms of all independent merchant assistants, the following can be said as a cult: independent merchant assistants are merchant assistants who are not subject to a merchant. First of all, it determines what time its own business will open and close, its installation and expenses. This distinguishes it from dependent merchant assistants. They work according to the agency agreement with the merchant they help, for example, according to the brokerage, brokerage agreement. The most important legal feature that distinguishes independent merchant assistants from dependent merchant assistants is that, if the legal transactions made by independent merchant assistants on behalf of and on behalf of their client are successful, based on the contract between them and the merchant, if there is no contract, for example, it is the same in the agency, according to the commercial custom there and if it does not exist. A fee is incurred by court order. As an independent merchant assistant, both the merchant, the broker and the broker, as a result, if the legal transactions they have made on behalf of their client are successful or they do not have the authority to represent, for example, the broker does not have the authority to represent or the brokerage agency does not have the authority to represent as a rule, the legal transactions that they mediate are successful. When the client and the third party are brought together, they do not receive a fixed fee as a rule, if the transactions are successful. A fixed fee may be determined in the contract, but it must be determined predominantly as a certain percentage. In this application it is called premium.
Merchant assistant called agency is very common in practice. Here, when looking at the classic commercial business law books, independent merchant assistants; It is examined in three main sections as agency, broker and broker. Some professors also address the ‘single seller’ here. The sole seller is neither in the agent format, nor in the broker format, nor in the broker format. In fact, the sole seller is not a merchant assistant in my opinion. Because, the sole seller buys the goods from the merchant, pays the money, puts the profit on it and sells it, with the sole dealer agreement, whichever merchant he works with in the place and region he works with. The sole seller is not an assistant to anyone in the form of legal representation or mediation. It works on its own behalf and account. However, in all others, it is possible to take legal action on behalf and account of another. For this reason, in our opinion, it is not an independent trader.
The agency is one of the independent merchant assistants. Considering the application, sales release agents, agents working in the stock market, maritime trade agents, insurance agents; even special conditions were introduced for insurance agents.
Agency, TTK102 et al. It is held in There is also the travel agency law. This does not apply to the agency described here. But when there is a gap, it can be used as a gap filler. Code of Obligations m19 finds serious application here. Commercial law cannot be explained without the law of obligations.
D. Interpretation of contracts, collusive transactions ARTICLE 19
The determination and interpretation of the type and content of a contract is based on the real and common will of the parties, regardless of the words used by mistake or to hide their true purpose.
The debtor cannot defend that this transaction is collusion against the third party who has won the debt by relying on a written debt recognition.
It is necessary not to make a decision based on what is written in the title of the contract. It is necessary not to make a decision right away because the ‘agency contract’ is included in the title of the contract. TBK19 says to reveal the real purposes of the parties in this contract. It is the ruling of muvazaa. In this respect, in order to understand whether the person in the issue before us is an agent or not, it should be checked whether there are elements of the agency relationship stated in TTK102. Whether there are elements of brokerage or brokerage, these need to be investigated. It is necessary to investigate which one you enter. In this context it should definitely not go unnoticed.
For example, in practice, the agency agreement is written in the title of the agreement. The content of the contract is also strangely filled. However, they do not even know what representation means. A person who takes legal action on someone’s behalf and account is a direct representative. The person who takes legal action on behalf of someone else on his own behalf is also an indirect representative. This means that in order to be able to talk about the representation relationship, there must be a legal action. As such, they are always linked.
