In case a legal conflict arises out of a certain agreement, the
first thing to do is determining the nature of (i.e.,
identifying) that agreement in order to specify the applicable
statutory provisions. Misidentification of an agreement inevitably
leads to wrong statutory provisions being applied to the same,
which may have tragic consequences.
Although frequently used in practice, brokerage agreement
(simsarlik sozlesmesi) is not a well-conceived term in
Turkish business environments. There are several cases where most
people, including legal practitioners, have considerable
difficulties in distinguishing between brokerage agreement on one
hand and commission agreement (komisyon sozlesmesi) and
agency agreement (vekalet sozlesmesi) on the other hand.
That these agreements may, in some cases, actually be intertwined
is also another fact. The latter means there may be instances where
the relevant provisions of the Turkish Code of
Obligations1 ("the TCO")
regarding
