Fiduciary transactions which the fiduciary asset is acquired from third parties

Fiduciary transactions that arise as a reflection of the freedom of contract are legal transactions that are accepted as valid in doctrine and jurisprudence, even though they are not regulated in the Turkish Code of Obligations. Fiduciary transactions are made up of two elements that are closely linked to each other. The first element of the transaction is the fiduciary contract between the fiduciant and the fiduciary which deals with the internal relationship between the fiduciant and the fiduciary. The other aspect of the transaction is the transfer of the fiduciary asset. This is an act of disposal by nature. With the transfer process, fiduciary have a full right on the fiduciary asset. Transfer can be done by the fiduciant himself or by a third party. When the fiduciary asset comes out of the property of a third person, there is no harm in describing the transaction between the fiduciant and the fiduciary as a fiduciary transaction. Although there are many aspects of fiduciary transactions which the fiduciary asset is acquired from third parties, the most common form of transaction is that the fiduciary acts as the indirect representative of the fiduciant. As in other types of fiduciary transactions, the most important issue is the protection of the fiduciant when the fiduciary asset is acquired from third parties. The fact that the fiduciary can make any kind of act of disposal on the fiduciary asset weakens the legal position of the fiduciant. Therefore, it is important to determine the provisions of the law that can be used to protect the fiduciant. However, solutions on behalf of the protection of the fiduciant should not harm the security of legal transactions.