Commercial Agency Contract and Comparison with Similar Contracts (Exclusive Distribution, Franchising, Brokerage, and Commission Contracts)

Abstract

The contract between the merchant and the commercial agent is a commercial agency contract. This contract creates a continuing obligation for each party. Commercial agency contract is not defined in any Act but commercial agent is defined in Turkish Commercial Code. However, the provisions regarding commercial agency in Turkish Commercial Code are not sufficient. Therefore, it is important to compare commercial agency contract with similar agreements in order to determine the legal nature of the contract and provisions to be applied to the contract in case of a legal conflict. Agency contracts have some differences and similarities with similar contracts such as exclusive distribution, franchising, brokerage, and commission contracts. Agency contract, unlike brokerage and commission, is a permanent contract. Recognition of monopoly in an agency contract is not a necessary element. However, it is necessary to recognize the monopoly on exclusive distribution contract.