Exclusive distributorship agreement

The exclusive distributorship agreement is an innominate agreement that has a specific structure (sui generis) and creates a permanent debt relationship between the parties. This agreement, which can be considered relatively new, does not have a legal definition in our law. However, because of the need emerging in practice, the exclusive distributorship agreement has been tried to be defined in accordance with the doctrines and jurisprudence. Accordingly, under the exclusive distributorship agreement, the supplier undertakes to send the contractual goods to the exclusive distributer in exchange for a price to increase its selling rates in a certain region, and the exclusive distributer undertakes to increase the selling rates of the contractual goods on its own behalf and account, with the exclusive right of sale granted to it. The lack of legal regulation of the exclusive distributorship agreement necessitated the examination of this agreement and the determination of the provisions to be applied to the agreement in this context. At this point, the legal character of the agreement should also be taken into account. Thus this agreement, which has the nature of a permanent debt relationship and requires a long-term agreement between the parties, creates an intense relationship of trust. This situation also affects the rights and obligations of the parties. In this study, the exclusive distributorship agreement shall be tried to be discussed with all these aspects.