Abstract:

One of the independent merchant assistants is commission agent who has independent representation authority. Commission agent in essence described in Turkish Code of Obligations. Commerce commission agent is explained detailedly between the Articles 532-545 of Turkish Code of Obligations while commission agents in other fields were described Article 546 referred to commerce commission agents. This regulation in Turkish Code of Obligations regulates internal affairs between clients and commission agents. Except regulations concerning commission, clauses conserning contract of mandate can be applied to commission contracts.(TBK md. 532/2). Except for regulations in Turkish Code of Obligations, some types of commission agency are regulated in other codes. In the Art. 917 and afterwards of the Turkish Commercial Code and in the Road Transport Code there is freight forwarder; and in the Art. 30 of the Capital Market Law there is commission agency of capital market instruments are regulated. In the Art. 47 of Code No. 5174 ‘exchange brokery’-which is a kind of commerce commission agency- is regulated. Apart from these in Customs Code No. 1615 there are customs commission agents explained. Commission agent, in regard to commission contract, always acts on its behalf and for account of another in other words indirect representation is being located at the center of this relationship. That is the most important factor what differs commission agent from commercial agent, agency and broker. Yet agency acts completely on its own behalf, commercial agent acts in clients behalf and for account of its client, while broker is speeding up or mediating for the agreement of contracts and doesnt enter into an obligation. In our study, accordingly to commission contract; indirect representation authority of commission agent which differs commission agent from other merchant assistants and is arising from the contract between client and commission agent, will be examined

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