Abstract:

With this article it is aimed to examine the defi nition, elements, legal character, rights and obligations, liability of salesman, termination of the contract of the salesman which is regulated as an specifi c type of contract of service and issued between Articles 448 and 460 in sixth section, second part of the 6098 numbered new Turkish Code of Obligat ions (TBK) that enter into force in 1 July 2012. The contract of salesman is a contract that salesman undertakes to intermediate all transactions or to do the stuff determined in a written agreement and to work off the business cooperation and on behalf of the employer who owns a business cooperation where the employer undertakes to pay the fee (TBK m. 448). In Article 454 of 818 numbered old Code of Obligations (EBK), salesman was regulated under the name of traveling salesperson. Although EBK regulated traveling salesperson with the other dependent merchant assistants such as commercial representative, commercial agent and other merchant assistants in a single article; TBK regulates this term as salesman and issued under the part of contract of service in detailed provisions. However, the salesman is a dependent merchant assistant. Despite TBK is not regulating salesman in merchant assistant part, the salesman is assumed as a merchant assistant. Therefore, according to the statute in business cooperation, the salesman shall be regulated in scope of “merchant assistant”, not the contract of service

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