Türkiye Adalet Akademisi Dergisi

Yazarlar: Sercan UÇAR

Konular:Hukuk

Anahtar Kelimeler:Merchant Assistant,Traveling Salesman,Traveling Salesman Agreement,Authority to Enter Into an Agreement,Written Form Requirement.

Özet: Traveling salesman agreement is incorporated into the Turkish Positive Law with the Turkish Code of Obligations Law No 6098. However, the said agreement came with a lot of disputes, in particular, the place in which it is regulated and its legal nature. One of these disputes concerns the written form requirement in the authorization of the traveling salesman to enter into an agreement. The scope and legal nature of the written form requirement are intensively discussed in the doctrine. This study dwells on two problems as to the written form requirement. This review is based on two pillars. Firstly, the Swiss law (legal regulations and approaches in the doctrine) is taken into account. Because the provisions of the Turkish Code of Obligations have parallels with those of the Swiss Code of Obligation. Secondly, the governing principles of commercial law are considered. The provisions of the Turkish Code of Obligation on traveling salesman agreement often regulate the internal relationship between the employer and the traveling salesman. For this reason, it is not appropriate for the settlement of disputes as to the authorization of traveling salesman to enter into an agreement, which is associated with the assistant merchant capacity. In the Study, firstly the scope of the written form requirement is established. Subsequently, the legal consequences of the breach of the written form requirement are scrutinized in terms of internal and external relationship.

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