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LAW OF OBLIGATIONS
205
Marketing Agreement within the Frame of the Turkish
Code of Obligations Numbered 6098
1
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Att. Pelin Baydar
The Turkish Code of Obligations (“TCO”) numbered 6098 has been
published in the Official Gazette dated 04.02.2011 and numbered 27836.
The marketing agreement which is a special type of service agreement
seen mostly in practice and which was not regulated previously is
regulated in detail in the TCO that will enter into force on 01.07.2012.
The marketing agreement is defined in article 448 of the TCO. In the
referred article, a marketing agreement is defined in which the marketer
acts continuously as the intermediary for every action outside of the
workplace on behalf of the employer who owns a commercial enterprise
or if a written agreement exists, he accepts to fulfill the agreed transactions
and the employer pays a fee for such services.
Pursuant to article 449 of the TCO, the marketing agreement should
include the following issues (i) duration of the agreement (ii) termination
(iii) competence of the marketer (iv) fees and payment conditions and
(v) if one of the parties is resident abroad, then the applicable laws and
competent courts must be specified.
It is stated in article 450, which regulates obligations of the marketer,
that unless a just cause exists, the marketer is obliged to visit the customers
in line with the given instruction, cannot act as the intermediary, and
agrees not to act on behalf of third parties or himself unless permission is
granted by the employer. Additionally, it is stressed that if the marketer is
authorized to make transactions then he will use the prices foreseen in the
instruction and also the other transaction conditions. He cannot make any
amendment to those unless permission is granted by the employer. The
marketer is also obliged to inform in detail about his marketing activities
regularly, convey the orders to the employer promptly, and inform the
employer of important events related to the customer environment.
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Article of March 2011