مرکز منطقه ای اطلاع رساني علوم و فناوري - 6102 SAYILI TURK TlCARET KANUNU NUN ACENTELlKLE ILGlLl HUKUMLERlNlN DEGERLENDlRlLMESl

Abstract :

Turkish Code of Trade No 6102 will become effective as of July 1, 2012. The Code brings novelties in numerous areas. The concept of commercial agent is one of them. It is seen that the causes leading to enactment of new Turkish Code of Trade are also reflected in the agency matters. Developments considered as the reason for amendments in the Code and having direct impacts on current Law No 6762, enactment of new regulations, candidacy for full membership to the European Union, decision for starting negotiations for full access and being in a position of negotiated country technological developments and internet, being a player in international markets also apply for the changes in commercial agent law. Section 7 of the Code titled “Commercial Agent simplifies the wording of some provisions, removes some provisions and as well as introducing some new provisions. Analysing the nature of the changes in provisions concerning the agency, it is observed respective changes are done for compliance with the Council Directive 86/653/EEC of 18.12.1986. The amendments performed are promising for protection of the rights of the agencies which are the weaker part of the contracts. It can be claimed that Turkish commercial agent law will be on equal level with the national commercial agency law of EU member States especially after introduction of adjustment request and noncompetition agreement.