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The exclusive distributorship agreement and equalization request

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2024
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Abstract (EN)

The exclusive distributorship agreement is an atypical contract that is not regulated in the law, and there is no unity of definition in the doctrine and practice regarding the exclusive distributorship agreement. The parties to the exclusive distributorship contract are the sole seller who has the right to sell the goods subject to the contract alone and the supplier who supplies these goods to the exclusive seller. With this framework contract, the supplier will be able to increase the availability of these goods by selling all or some of the goods it provides in a certain region for a certain price by a single seller, with monopoly right for a certain period of time. It can sell by selling in its own name and account in the region where monopoly rights are granted. It is possible to say that the exclusive distributorship agreement is based on four basic elements. These elements are "the existence of a framework agreement that will ensure continuity between the supplier and the exclusive vendor", "the exclusive vendor acting on its own behalf in its activities within the scope of the contract", "giving the supplier the exclusive right to sell". It is the sole dealer in a certain geographical region", "the ability to increase the sales and availability of the sole dealer". In our thesis, we cover the concept of exclusive distributorship agreement, the history, definition, legal nature of the exclusive distributorship agreement, comparison of the exclusive distributorship agreement with similar contracts, the obligations of the parties regarding the contract, termination of the contract. We will focus on the exclusive distributorship agreement and the legal consequences of termination and the balancing request, which is a special consequence of termination.

Author

Okan Morkaya

How to Cite

Okan Morkaya (Master Thesis). The exclusive distributorship agreement and equalization request, 2024, Süleyman Demirel University.

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