Acentelik sözleşmesinin sona ermesi
The termination of the agency contract
- Tez No: 172744
- Danışmanlar: Y.DOÇ.DR. FEYZAN HAYAL ŞEHİRALİ ÇELİK
- Tez Türü: Yüksek Lisans
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 2006
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Özel Hukuk (Ticaret Hukuku) Ana Bilim Dalı
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: 127
Özet
Özet yok.
Özet (Çeviri)
SUMMARY Because of being determined and examined of the provisions of laws concerning the terminations of contracts except the performance is important for some contracts, it guides to legislative authorities and practice. Therefore, both the subject of the termination of the agency contract and the provisions, between article 116 and 134 of the Turkish Commercial Code (TCC), concerning agency have special arrangements. We also examined these subjects with in the framework of agency contract. Those provisions which are stated in the TCC and consisted of the scope of our thesis are far from solving the problems that occur in the practice. If we compare with provisions of contemporary laws, there are some defects in the provisions relating to the termination of an agency contract and rights and obligations arising from the termination. As a matter of fact that the Supreme Court tried to fill these gaps by his decisions. As a rule, an agency contract is a kind of uncertain time contract. However, absence of provision concerning those contracts which are being continued to perform although they are certain time contract, causes problems. In this situation, according to us these contracts should be accepted as uncertain time contracts. In addition to the expiration of time, denunciation of annulment and annulment with justifiable causes, death, missing of capacity and bankruptcy are stated in the article 397 of Code of Obligation with reference to the article 133/11 of TCC.112 At the end of the agency contract, right of claiming charge, pawn, indemnity, compansation of customer comes to light. The most important of these is the right of compensation of customer which is not arranged in the TCC and practising in line with Supreme Court' s decisions. The most important deficiency of the TCC is that it does not contain proper arrangement as regard to right of customer compansation. In the case of termination of the agency contract without any fault of agency is provided for contemporary laws. At the end of the agency contarct, business can maintain his commercial transaction with the circle of customers which has been constituted by agency during the contract. For this reason business is going to benefit from the circle of customers. The agency shall be entitled to compansation for customer indemnty in return for these. Eventhough the article 134/n of the TCC does not express customer indemnty properly, with a broad interpratation as stated by Supreme Court' s decisions, this provision may constitute a basis to reach a conclusion as regard to customer indemnty. However it is necessary that an arrangement deals with customer indemnty with all condition shall be adopted within the shortest possible time.For this reason we think that arrangement in the draft of TCC relating to the this matter is sufficient. There is no provision between the arrangemets of TCC relating to the agency, which prevent the competition of parties after the termination of an agency contract. Considering the independent character of agency a new arrangement concerning the restraint after termination of agency contract. In this regard the provision which is in the draft of TCC is a correct arrangement.
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