Developments in the field of merchant adjectives of statutory bodies

In our legal system, the situations in which statutory bodies have become traders are regulated by articles 16 of the Commercial Code No. 6102. With the adoption of article 16 of the Turkish Commercial Law, article 18 of the former Commercial Code No. 6762, which regulates the title of merchant of public legal entities, was repealed. In parallel with these regulations and developments, the necessity of examining the status of merchant of public entities has emerged. In the second paragraph of article 16 of the Commercial Code, statutory bodie that can not become traders are regulated. In the second paragraph of the article, a broad statement covering all public entities is given. Article 195 of the Commercial Code states that dominant entity shall be considered as a trader without any exception in respect of public legal entities. These two articles, which regulate the status of traffickers of public legal entities, seem to contradict each other. The aim of our study is determine the situations in which public legal entities have acquired the title of merchant within the scope of article 16 and article 195 of Turkish Commercial Code. Key words: Public Legal Entity, merchant, dominant entity, group of companies.