In the agency law, amendments were made with 6102 and protective provisions were introduced due to the fact that the agents are economically weak and powerless compared to the merchants. It has been tried to protect the balance of interests filtered from experience. In this context, the first right granted to the agency is the monopoly right.
Exclusive Right
III – Exclusivity ARTICLE 104-
(1) Unless otherwise agreed in writing, the client cannot appoint more than one agent for the same trade branch at the same time and within the same place or region, and the agent cannot act as an agency for the accounts of more than one commercial enterprise competing with each other in the same place or region.
A regulation has been introduced to protect the agency regarding the monopoly right. This can be done by putting it into a written contract, or if there is no written contract, a written text can be prepared on this subject. This means that unless otherwise agreed in writing, the client cannot appoint more than one agency for the same trade branch at the same time and within the same place or region. Unless, the monopoly right is abolished in writing with the agency.
Right to Claim Extraordinary Expenses
All ordinary expenses belong to the agency. However, while the agency bears all the usual expenses related to the necessities of its job, if the agency has to incur extraordinary expenses that are not required by its job for its client, it can demand these from its client. There may be expenses required by the work performed by the client’s instructions or by the agency as a non-assistant worker in order to protect the client’s interests. If he has made an extra expense so that the goods are not spoiled, he can claim them if the warehouse has expanded.
Right to Receive Fee and Collection Commission
During the continuation of the agency agreement, the agency may charge a fee for transactions established with third parties, which it has brought in with its own efforts, its own efforts or transactions of the same nature. If a certain other region or customer circle is left to the agency, the agency may also charge a fee for transactions established with customers in this region or in the surrounding area during the continuation of the agency relationship. Therefore, if the client establishes a direct relationship with third parties in the agency’s region for that branch of trade, he must immediately notify the agency of this. Failure to do so would be a breach of contract. The agency may also be entitled to a fee for the transactions established after the agency relationship ends, even in exceptional cases.
If the agent has mediated the transaction or has prepared the transaction to the extent that the transaction can be attributed to its own effort, and if the transaction is established within a suitable period after the end of the agency relationship, it may even charge a fee. In addition, according to TTK113/1-2:
1. Transactions that entitle the fee ARTICLE 113-
(1) During the continuation of the agency relationship, the agency may charge a fee for the transactions established with its own efforts or with third parties that it has brought in for transactions of the same nature. This fee right does not arise even if and to the extent that it belongs to the previous agent pursuant to the third paragraph.
(2) If a certain region or customer circle is left to the agency, the agency may also charge a fee for transactions established with customers in that region or the surrounding area during the continuation of the agency relationship. The second sentence of the first paragraph applies here as well.
If the third party’s proposal, in other words, pertaining to a legal transaction for which a fee may be charged, reaches the agent or client before the agency relationship ends, the agency is still entitled to a fee. In this case, if the fee is fair according to the circumstances and conditions, the next agent may also need to receive an appropriate share. It has started but has not yet been finalized, and as it is understood from here, the agency will receive the fee agreed in the contract when the transactions that have been started and completed by itself are successful. If the amount of the fee is not determined by the contract, the TCC says in this direction that if the agency is made in the relevant sector, the court should investigate the customary practices there. If the fee there is uncertain, the judge will appreciate it himself.
Right to Prison
In fact, it is a type of movable pledge arising from the law. This right of pledge, which he has in accordance with the agency agreement, is given by TMK950 et al. is a type of pledge. As a matter of fact, while the legislator regulates the right of imprisonment of the agent in TTK119, it is regulated in MK950/2, 951, 953.
If the movable is delivered, it can be taken hostage. In the Civil Code, in order for the right of imprisonment to arise, a natural connection condition is sought between the valuable paper that is the subject of that right of imprisonment and the receivable of that person. However, this natural connection condition is assumed in the provisions of the TCC. Therefore, it is easier for the agent to use the right of retention than the use of the right of retention in the general provisions. Because the agency has a legal right in terms of getting the right to a fee on the movable goods and valuable papers that it holds with the consent of its client.
IV – Right to imprisonment ARTICLE 119-
(1) The agency shall have the right to lien on movables and valuable papers and any goods that it can use through a promissory note representing any property, held by a third party, which is still in possession due to the agency agreement, until all its receivables from the client are paid. has.
(2) The goods belonging to the client are sold by the agent in accordance with the contract or law. The agent may refrain from paying the price of these goods.
(3) If the client is incapacitated, the provisions of the first and second paragraphs shall also apply to the receivables of the agent that are not yet due.
(4) The provisions of the second paragraph of Article 950 and Articles 951 to 953 of the Turkish Civil Code are reserved.