Unauthorised representation
2023
0 views
0 downloads
Advisor: Prof. Dr. Cem Baygın
Abstract (EN)
Unauthorised representation is called when the representative performs transactions on behalf of the represented although he/she is not authorised to do so. The represented person or the representative does not have to be at fault for the existence of unauthorised representation. Deficiency in the element of authorisation in the transactions performed on behalf of the representative is lack of authority to represent, exceeding the limit of authority to represent and termination of authority to represent. With this, although there is no real lack of authority, in some cases, the provisions regarding unauthorized representation may be applied by analogy to the extent that they comply with their qualifications. These situations, which are the appearance forms of unauthorised representation that is not real; abuse of the representative's power of representation, self-dealing, acting on behalf of both parties, representation of a person who does not exist, and unused authority. Suspended void transactions performed without the authorisation of representation, becomes effective retroactively with the consent of the person represented. However, the legislator has introduced certain regulations in order to protect bona fide third party and to ensure the security of the transaction in case of the fault of the represented person or the representative. The scope of the protection in the said provisions is realised in the form of full or partial protection of the goodwill of the third party. If there is no provision protecting the good faith of the third party, the transaction becomes null and void from the beginning if the represented party fails to approve the transaction. In this case, the unauthorised representative shall be liable to compensate the negative damages of the good faith third party. However, if the unauthorised representative is at fault and equity requires, the third party may also claim compensation for positive damages.
Author
Dr. Meltem Bulut
Institution
How to Cite
Meltem Bulut (Doctorate thesis). Unauthorised representation, 2023, Erzincan Binali Yıldırım University.
Keywords
License
Tüm Hakları Saklıdır
This work is shared under the specified license terms.
More theses from Erzincan Binali Yıldırım University
- From a Schmıttian perspective, ideological divisions and the state's efforts to homogenize society in 20th century Türkiye (2026)
- YAPAY ZEKA VE PROGRAMLAMA: ÖĞRETMENLERİN PROGRAMLAMA ÖZ YETERLİLİKLERİ, YAPAY ZEKA FARKINDALIKLARI VE EĞİTİMDE YAPAY ZEKA KULLANIMINA İLİŞKİN GÖRÜŞLERİNİN İNCELENMESİ(2026)
- Eksik(2022)
- Synthesis of ordered double transition metal Ti2NbAlC2 MAX phase and investigation of energy storage properties of Ti2NbC2Tx MXene(2026)
- Investigation of structural behavior of corroded RC columns(2020)
- Profiles of marriage anxiety of young adults(2026)
