271 / 516
Representation within the Frame of Turkish Code of
Obligation
*
Att. Pelin Baydar
Representation provisions have been stipulated in articles 40 and
following, in Turkish Code of Obligation numbered 6098 (“TCO”)
which has entered into force on 01.07.2012. The TCO has two sections
as
“authorized representation”
and
“representation without authority”
.
Authorized Representation
According to article 40 of TCO, the consequences of a legal pro-
ceeding issued in the name and on behalf of principal by an authorized
representative shall bind the principal directly.
If the representative issues proceedings without informing his title,
then the consequences of such legal proceedings shall bind the repre-
sentative. However, if the other party is in a position to know existence
of such representation relationship or if the issuance of legal proceed-
ing with the representative or the principal does not make any differ-
ence, then the consequences of such legal proceeding shall bind the
principal directly.
According to article 41 of TCO, while determining the content and
degree of the representation authority, it is important to evaluate if
such representation authority is raised from a legal proceeding or
public law.
If the representation in the name and on behalf of principal is
raised from public law, the content and degree of the representation
authority shall be determined pursuant to legal provisions and if repre-
sentation is raised from a legal proceeding, then the content and degree
*
Article of October 2012