In principle, the commercial
agent is not obliged to collect the money of his/her client. However, according
to Turkish Commercial Code (TCC) Art. 113/4, the commercial agent has the right
to demand collection commission for the money he/she collected from customers.
While the collection commission right of the commercial agent is based on the
collection activities instead of successful agency activities, it is different
from the right to be paid to the commercial agent for her/his successful
activities (Art. 113/1-3). Therefore, the collection commission is also
referred to as administrative remuneration in the doctrine. In our study, initially, it
is expected to explain the relationship between remuneration right of
commercial agent and his/her right to demand collection commission. Then, it
will be focused on the differences between the term “remuneration” and
“commission”, also calculation and payment of the collection commission will be
discussed. Finally, the conditions of demanding the collection commission will
be evaluated in the light of German and Swiss court decisions and related
articles of German Commercial Code and
Swiss Code of Obligations.
Commercial Agent Collecting Commission Remuneration TCC Art.113/4
Birincil Dil | Türkçe |
---|---|
Konular | Hukuk |
Bölüm | Makaleler |
Yazarlar | |
Yayımlanma Tarihi | 31 Aralık 2019 |
Gönderilme Tarihi | 24 Haziran 2019 |
Kabul Tarihi | 23 Ağustos 2019 |
Yayımlandığı Sayı | Yıl 2019 Cilt: 10 Sayı: 2 |
Bu eser Creative Commons Atıf-GayriTicari 4.0 Uluslararası Lisansı ile lisanslanmıştır.