Obligation to Make Statements, Accept Statements, Be a Plaintiff and Defendant
\nThe agency is authorized to make and accept all kinds of notices, protests and similar declarations that protect the right on behalf of and on behalf of the client regarding the contracts that it acts as an intermediary in its field of activity. Whether it is an intermediary agency or an agency authorized to make a contract, it makes or accepts these notices and protests on behalf and on behalf of the client. It is a liability for both types of agents.<\/p>\n
The agency may file a lawsuit on behalf of the client due to the disputes arising from the agreements that it acts as an intermediary or that it has made in person, as well as a lawsuit can be filed against itself in the same capacity. This authority is so definite that the legislator has clearly decreed that the conditions that remove the agency’s authority to sue and be a defendant in the contracts for those who act as agents on behalf of foreign traders will be invalid. TTK105\/2<\/p>\n
Contrary to the acceptance of the regulation, it can be concluded that it is actually possible to include provisions that remove the agency’s authority to file a lawsuit and to be shown as a defendant in contracts for those who act as agents on behalf of traders who are citizens of the TR Republic. On the other hand, these lawsuits are the lawsuits filed against the agent in relation to the client or the lawsuits filed by the agent against third parties in relation to the client. It is known here that in our legal system, if a person either follows his own case or gives it to a third party, this third person must be a lawyer. But the agency is the exception to this. In terms of matters related to its agency relationship, the agency can sue on behalf of and on behalf of the client, or a lawsuit can be filed against the client.<\/p>\n
In the past, very heavy decisions were made in the cases brought against the agency in reference to its client. There are different ijtihads and I have criticized them a lot. Just as the lawyer is not punished when the case is lost, the agent should not be punished in the same way.<\/p>\n
Cases Requiring Special and Written Authorization
\nII – Situations that require special and written authorization ARTICLE 106-
\n(1) The agent is not authorized to accept the price of the goods that he has not personally delivered, and to take delivery of the goods for which he has not personally paid, and cannot renew or reduce the amount of the receivables arising from these transactions, without the specific and written consent or power of attorney of his client.<\/p>\n
In other words, a distinction has been made according to whether the agency is involved or not. If he is in the job, he does not need permission or instruction, but if he is not in the job, he must get permission and instruction.
\nContracting Authority
\nAn intermediary agent only acts as an intermediary. The agency authorized to make a contract, on the other hand, concludes a contract on behalf and account of the client. This means that a special and written authorization must be given to the agency in order to make a contract besides its intermediary activity. Otherwise, the agency only has the authority to mediate contracts on behalf of the merchant. It says that the document containing the authorization specifically given to the agency must be registered with the relevant trade registry and announced in the TT newspaper.
\nIn summary: The agent with the authority to make a contract is equal to the representative agent. Written authorization is required in this regard. This written authorization must also be registered in the trade registry so that third parties know that this agency is a representative. In other words, let them know that they have the authority to make a contract on behalf and account of their client. However, there is no such condition for an intermediary agent. The agent does not have the authority to make a contract on the name of the agent.
\nIII – Authority to conclude contracts ARTICLE 107-
\n(1) The agent is not authorized to make a contract on behalf of his client without obtaining a specific and written authorization.
\n(2) Documents that authorize agents to conclude contracts on behalf of their clients must be registered and announced by the agency.<\/p>\n
Unauthorized Agent, Unauthorized Agent
\nAlthough the agency has no authority, it may be transacting on behalf and account of its client or may be exceeding the limits of its authority. Here, if the client concludes a contract on behalf of or on behalf of his client without the agency’s authority or by going beyond its borders, this contract does not bind the client unless the client informs the third party that he has given his consent to the contract as soon as he is informed that the contract has been made. It is an arrangement against third parties. The agent is personally responsible for the contract made as a result of unauthorized representation.<\/p>\n
IV – Incompetence ARTICLE 108-
\n(1) If the agent makes a contract on behalf of his client without his authority or by exceeding the limits of his authority, he may give permission as soon as his client is informed about it; If not, the agency will be responsible for the contract itself.","protected":false},"excerpt":{"rendered":"
The legislator gives the agency rights as well as responsibilities. Obligation to Make Statements, Accept Statements, Be a Plaintiff and Defendant The agency is authorized to make and accept all kinds of notices, protests and similar declarations that protect the right on behalf of and on behalf of the client regarding the contracts that it […]<\/p>\n","protected":false},"author":12,"featured_media":3166,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_joinchat":[],"footnotes":""},"categories":[1],"tags":[],"class_list":["post-3165","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-makaleler"],"_links":{"self":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3165","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/users\/12"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/comments?post=3165"}],"version-history":[{"count":0,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/posts\/3165\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media\/3166"}],"wp:attachment":[{"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/media?parent=3165"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/categories?post=3165"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ozkokhukuk.com\/en\/wp-json\/wp\/v2\/tags?post=3165"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}