Non-competition agreement

Since in modern economic and legal systems competition is as a principle and the limitation of it is as an exception, non-competition agreement contract following the end of labor contract is an exceptional means for employers wishing to be protected against the risk of competition of the former employee. In this thesis, the differences of the non-competition agreement, which is regulated by the articles 348-350 of Turkish Code of Obligations, from the unfair competition and confidentiality agreements, the special conditions of the non-competition agreement, binding limits, effectual conditions and the consequences relating to the violation of the agreement are discussed in this standpoint. In the first chapter, the terms regarding to the non-competition agreement are defined in the perspective of current developments in comparative law. In the second, the subject of the agreement, the conditions of validity are studied; and in the third chapter, enforceability, effects and termination of the agreement are analyzed in accordance with legal disposition and practice and the principles defined in the first chapter.