The legal nature of exclusive distribution agreements and the applicable rules

The exclusive distribution agreement, which is not explicitly regulated under Turkish law, is examined with respect to its legal characterization, the legal provisions governing the parties' obligations, and its distinctive features. This contractual model, based on the supplier's commitment to operate through a single distributor within a defined territory and the distributor's engagement in marketing activities on their own behalf and at their own risk, constitutes a sui generis structure characterized by continuity, exclusivity, and fiduciary obligations. The thesis analyses the agreement's atypical and framework nature under the general provisions of the Turkish Code of Obligations and conducts a comparative evaluation with similar contractual types. The applicable legal rules are assessed in the context of specific disputes, including controversial issues such as the supplier's right to issue instructions, unilateral termination, and the legal consequences thereof. The interaction between exclusive distribution agreements and competition law is also addressed, supported by comparative assessments under European Union legislation and selected foreign legal systems, particularly in relation to exclusivity clauses. The study ultimately aims to establish a systematic legal framework to clarify existing uncertainties in Turkish law and to provide both practitioners and scholars with a coherent analytical foundation for further evaluation.