ACENTENİN DENKLEŞTİRME İSTEMİNİN TEKEL HAKKI VEREN BENZER SÖZLEŞMELERE UYGULANMA ALANI
THE SCOPE OF APPLICATION OF THE AGENT’S COMPENSATION CLAIM TO SIMILAR AGREEMENTS GRANTING EXCLUSIVE RIGHTS

Summary/Abstract: This study aims to examine, in terms of compensation claims, the new types of contracts that have emerged due to the limitations of the classical agency agreement, particularly in response to rapid technological developments, increasing competition, and changing marketing approaches since the early 20th century. In this context, distribution agreements widely used in practice and classified as unnamed contracts due to the absence of explicit statutory regulation—namely exclusive distribution, franchise, and trademark licence agreements—are analyzed. The study evaluates whether these contractual relationships may fall within the scope of the compensation claim regulated under Article 122(5) of the Turkish Commercial Code, the legal and factual conditions under which such claims may be asserted, and the limits of their applicability. In addition, the function of the compensation mechanism is assessed in light of doctrinal views and judicial decisions, with particular emphasis on maintaining the economic balance between the parties and ensuring fairness in long-term contractual relationships.

• Details
• Contents