Brokerage agreement

The broker is the person who enables the realization of the main contract between the business owner and the third party and who is entitled to a fee at the time of the establishment of the main contract. The brokerage agreement made between the business owner and the broker; It was taken from the Swiss Code of Obligations and transferred to the Code of Obligations No. 818. Subsequently; It is located between Articles 520 and 525 of the Turkish Code of Obligations No. 6098, which came into force on July 1, 2012. Commercial affairs brokering; Although it is regulated in articles 110 to 115 of the repealed Turkish Commercial Code No. 6762, commercial brokerage provisions are not included in the Turkish Commercial Code No. 6102, which came into force on July 1, 2012. In the first part of the thesis; In general, the historical process in which the concept of brokerage emerged, the concept of brokerage, types of brokerage and the legal framework of the brokerage contract were examined. While discussing the legal framework of the brokerage agreement; Contract views that impose a debt on one party, fully impose a debt on two parties, and incompletely impose a debt on two parties are included. Again in the first part of the thesis; A comparison of the brokerage contract with the service contract, marketing contract, exception (work) contract, agency contract and power of attorney contract was made. Based on the regulation in Article 520/2 of the Turkish Code of Obligations No. 6098, "As a rule, the provisions regarding the power of attorney apply to the brokerage contract", the relationship between the brokerage contract and the power of attorney contract and agency has been particularly emphasized. Within the framework of the freedom of form in the brokerage contract, the legal provisions were discussed and the exceptions to the contract in terms of form were examined. In the second part of the thesis; The debts and obligations of the business owner and the broker, who are the parties to the brokerage agreement, towards each other were examined. In this chapter; The brokerage fee that the business owner is obliged to pay to the broker is emphasized. In addition, the situations in which the broker is entitled to the fee or not is examined. In the third part of the thesis; The reasons for termination of the brokerage agreement and the provisions and consequences of termination were examined.