TÜRK TİCARET KANUNUNUN “YABANCI TACİRLERİN ACENTELERİNİN DAVADA TEMSİL YETKİSİ”NE İLİŞKİN HÜKMÜNÜN MİLLETLERARASI ÖZEL HUKUK AÇISINDAN DEĞERLENDİRİLMESİ
Article 105/2 of Turkish Commercial Code authorizes agents to represent their clients in a case as a reflection of the authority of representation arising from the law. Accordingly, agents can file a lawsuit against the contractual counterparty in respect of disputes arising from contracts concluded...
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| Format: | Article |
| Language: | deu |
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Inonu University
2019-12-01
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| Series: | İnönü Üniversitesi Hukuk Fakültesi Dergisi |
| Subjects: | |
| Online Access: | https://dergipark.org.tr/tr/download/article-file/847508 |
| Summary: | Article 105/2 of Turkish Commercial Code authorizes agents to represent their clients in a case as a reflection of the authority of representation arising from the law. Accordingly, agents can file a lawsuit against the contractual counterparty in respect of disputes arising from contracts concluded or mediated on behalf of the client. Likewise, persons who are parties to such contracts can file a lawsuit against the agent of client who is the opposite party of the contract. Thus, in Turkish law, in accordance with article 35 of Attorneyship Code, although representation of a client is granted to lawyers in a case, an exception is made to this rule with the authority of representation given to agents in a case. Besides, if an agent represents a foreign merchant, the legislator deems existence of provisions contrary to this rule in the contracts as invalid. This regulation will have implications in private international law as it contains foreign element. The essence of this study is the evaluation of the legal quality of this regulation in the context of substantive private international law rule, mandatory rule and international jurisdiction rule. |
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| ISSN: | 2146-1082 2667-5714 |