Applying agency contract provisions to freight forwarding contract

Freight forwarding contract has subjected to special arrangements as it has genuine properties and differences in comparison to the other contracts for works and services. Freight forwarder commits onto organizing someone to carry a good and getting a certain payment in exchange to his deed; on the other hand according to freight forwarding contract oblige to sign a contract pro se but on behalf of consignor due to that deed. From this aspect with some exceptions freight forwarding contract based on indirect representation. Agency conract is a legal relationship based on a contract which acquaring a profession on mediating contracts or with some exceptions signing the contracts continuously on behalf of and in the name of the enterprise within the determined place or an area without any adherence to the enterprise. Beacuse of that with some exceptions, agency contract based on a direct representation and the contracts mediated or signed between the client the third parties bear legal cosequences with rights and obligations directly on to the client. On the other hand according to Turkish Commercial Code art.103; under some circumstances and conditions agency contract provisions will be apply to freight forwarding contracts and freight forwarder will be deemed as an agency and freight forwarder will have the rights and obigations of an agency related to that. The thesis consist of four chapters excluding the "introduction" and "conclusion" parts and within the first chapter general principles and legal nature of the freight forwarding contract is discussed. In the second chapter after legal relationship arisen from freight forwarding contract has examined, freight forwarding contract has compared with the similar legal instutions. After addressing the comparisons with the agency contract and the similar legal relationships and the concept and the elements of agency contract, the matter of applying the provisions of agency contract onto the freigt forwarding contracts discussed in the third chapter of the thesis. In the fourth chapter the power of procuration, rigthts and obligations of freight forwarder due to be acccounted as agency is discussed.