THE ANALYSIS OF “CONTRAVENTION TO COMMERCIAL HONESTY” AS A CONDITION IN ACCORDANCE WITH TCC Art.52

Trade name is regulated by a different understanding in Turkish Code of Commerce Numbered 6102. The re-determination of conditions for the implementation of the provisions relating to the protection of trade names by the legislator can be considered as a reflection of different understanding which has been pointed out. Thus, in TCC Art.52/1, the implementation of the provisions relating to the protection of trade names, has been connected to the condition as contravention to commercial honesty, not the condition as illegality, in contrary to abolished Code numbered 6762 Art.54. This choice of legislator, should be subject to an evaluation in the scope of propriety. In addition to this, the determination of the conceptional content of commercial honesty is also required.