Bill of exchange via attorney

Turkish Commercial Code has a sole provision (TCC art. 590) on the issue of bill of Exchange via attorney. Apart from such provision, the provisions of Code of Obligations regarding representation whether attorney authorization is valid for exchange bonds and the provisions regarding the scope and results of the representation are applied by comparison (see Art. 32). Unauthorized representation regarding bill of exchange is laid down as a single provision in art. 590 of TCC. According to such provision: ?person who signs the bill of exchange with the title of a representative although he is unauthorized to represent, shall himself be responsible for the mentioned bill of excange. The same provision applies for him who exceeds his authority?. As it follows from this provision, unauthorized representation is granted for representation. The question of what wiil the attorney?s responsibility be in case no authorization is granted to him is explicitly identified in sentence 1, Article 590 of TTC. Accordingly the unauthorized representative shall personally be liable for the whole amount of bill of exchange dept. n order for the unauthorized representative to get rid of this debt, he shall prove that he signed the bill with the authority to represent. This provision aims at protecting the confidence in commercial acts. The other case of unauthorized representation is exceeding the authorization limit. The last sentence of art.590 of TCC. has mentioned the responsibilty of the representative who exceeds his authority, as ?the same provision applies for him who exceeds his authority?. The ambiguity of this provision has resulted with several comments in the doctrine. In our opinion, incase of exceeding the authority, the acceptance of view that the representative shall only be liable for the amount he exceeds and the principal shall be liable within the limits of authority he granted, would be proportionate both in terms of fairness and the establishment aim of the Act. It is also possible that the bill of exchange is signed on acconut of anyone else. Then the representative draws the bill on his own thus rights and debts arising therefrom belonging to him. The conclusion of the act shall be transferred to the principal via a second act. The accunt shall be subject to the provision of commission agreement under Code of Obligations signed by the principal and the attorney. This relation is outside the relation arising from the bill of exchange.