Agency's obligation to protect client's interest

The lawmaker has imposed some obligations on the agency due to the agency's acting on behalf of its client. Taking preventive and/or protective measures, which is regulated under the Turkish Commercial Code article 111 is one of the obligations that agency has to its client. According to this article, in case of there are indications regarding the goods that agency received on behalf of the client are damaged during the transportation, agency must indicate the damage and take other necessary measures in order to secure client's right of litigation against the carrier. Nevertheless, according to the same article, agency obligated to protect the good as possible and in case of any danger of the goods being completely destroyed, agency obligated to have them sold with the permission of the competent court in accordance with the Turkish Code of Obligations and inform the client without delay. In case of any damage caused by the agency's breach of the above mentioned provisions or any negligence, the agency have to compensate for the loss. In the doctrine, the debate continues on the necessity of the regulations on agency's obligations to take measures against the "security of benefits" obligations regulated in the article of 109 of the Turkish Commercial Code. In our thesis, the expected behaviours from the agency within the scope of the obligation to take measures are stated. In addition, within the scope of the obligation to take measures, the relevant provisions of the Turkish Commercial Code and the Turkish Code of Obligations under the title of "Transportations" were mentioned, and the relevant judicial decisions were added to our work.