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Agency Contracts under Turkish Law and
Newly Regulated Matters
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Att. Berna Asik Zibel
Legal Framework of Agency Contracts
The agency contracts are regulated under the new Turkish
Commercial Code numbered 6102 (“NTCC”) in a more detailed con-
cept and some legal issues which were not set forth by the law but reg-
ulated as per Supreme Court of Cassation’s decisions are reflected to
the text of code for the first time. Therefore, while we are herein
reviewing the general provisions of the new law on agency contracts,
we also evaluate the new issues regulated in the new law.
Pursuant to article 102 of the NTCC,
“he/she whoever takes as
profession the permanent carrying out of negotiation activities (i.e.
intermediation activities) for contracts relating to a commercial enter-
prise or conclusion of such contracts on behalf of such commercial
enterprise in a specific place or territory without an ancillary role such
as a commercial intermediary, mercantile agent, sales clerk or
employee shall be deemed to be an agent.”
In view of this definition, the main elements of an agency relation
may be briefly summarized as follows:
- The agent must negotiate and/or conclude contracts relating to
a commercial enterprise;
- there must be an underlying agreement that constitutes the basis
of the agent’s negotiation or contracting activities; and
- such activities must show permanence and the agent must
pursue these activities as a career.
In this respect, an agent carries out brokerage activities for busi-
nesses relating to the commercial enterprise of the principal, or per-
forms such activities on behalf of the principal. The relationship
between an agent and a principal is deemed as a form of “special rep-
COMMERCIAL LAW
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Article of October 2012