Indirect representation in Turkish Law of Obligations

The indirect representation is not clearly regulated in our laws but is covered in various provisions of Turkish Code of Obligations and Turkish Commercial Law. The aim of this study is to examine the legal characteristic of indirect representation, the provisions it regulate, the relationship between the indirect representative, the indirectly represented and the third party and the relationship between the indirect representation and pseudonymous. People can consult the representation for many reasons suh as shortage of time, being inexperienced or living away in another place. The concept of representation includes both direct and indirect representation. Indirect representation appears in many places in our daily life. As an example to this, we can show comission agent, freight forwarder and confidential ordinary partnership. In ındirect representation, the representative does the transaction on his own behalf for the benefit of the indirectly represented one. The indirect representative becomes a party to the transaction as he carries out the legal transaction on his own behalf. Therefore the indirect representative must have the full capacity to act. The results of transaction occur in the legal field of the indirect representative. The ındirect presentative will transfer the rights and debts arising from the transaction to the party who is indirectly represented via another legal act. In order to this, ordinary ways of transfer of rights and obligations are applied. A basic relationship (internal relationship) is established between the indirectly represented and the indirect representative and an external relationship is established between the indirect representative and the third party with whom he does transaction. Except for extraordinary conditions, direct legal contact isn't established between the indirectly represented and the third party. When the indirectly represented apply the indirect representation in order to be confidential, we meet pseudonymous. We can explain the concent of pseudonymous in four categories as fraud against the law, collusion on the side, fiduciary transaction and the power of attorney relationship which gives authority for indirect representative.