The disagreements and problems of proof stemming from the agreement of intermediation for the purchase and sale

The disagreements and problems of proof stemming from the agreement of intermediation for the purchase and sale contracted by the investors who wants to transact in stock exchange with intermediary institutions constitute the subject of this study. In our country the task of arranging the capital market belongs to the Capital Markets Board which is an independent administrative authority. Being based upon this authority Capital Markets Board offers arrangements being applied to the agreement of intermediation for the purchase and sale and the disagreements causing from this contract. In this sense it also suggests some principles related to proof. Within the framework of this study essential arrangements related to the proof take place in the related articles of The Civil Procedure Code, the sixth article of the Turkish Civil Code and Turkish Commercial Code. The arrangements related to proof which are put forward by the communiqués of the Capital Market Board should also be suitable for these essential arrangements. However, as it can be seen in this study, this necessity has not been secured exactly yet. In this study, firstly the terms related to the law of proof and the agreement of intermediation for the purchase and sale are explained. These basic terms lead us to the second part which is the framework of our study. In the second part of our study, the disagreements occurred in the application between the investor and the intermediary institutions are taken as examples and while solving these problems, the situation of the parts especially the ones who are responsible for the obligation of proof are put forward. Owing to the fact that the disagreements between the parts in the application arise mostly from the customer orders, the distributions of the permission and the priority of right, in our study by bringing the doctrines and the views upon the application up, we follow up these subjects with interest. In the last part of the study, the special solutions for the disagreements between the parts, that is, the solution for the disagreement in stanbul Stock Exchange and the arbitration procedure conditions and principles within the constitution of The Association of Capital Market Intermediary Institutions of Turkey are put forth and explained shortly. Key Words: 1-) Brokerage House, 2-) Agreement of intermediation for the purchase and sale 3-) Proof 4-) Capital Markets 5-) Stock Exchange Disagreements