Definition
Under Turkish law, franchise agreement, being a "sui
generis" type of contract, contains features of various
other agreements (e.g. sales & purchase agreement, agency
agreement, service agreement, mandate agreement) and provisions of
the Turkish Code of Obligation ("TCO") and Turkish
Commercial Code ("TCC") that are relating to these
contracts may also apply to franchise agreements by way of
reference. Apart from that, franchise agreements are governed by
the general principles of Turkish law, those related to
contracts.
The franchise agreements are defined by the doctrine1
as well as Turkish Court of Appeals2 as follows:
"A franchise agreement is between two legally
independent parties. It gives the franchisee (i) the right to
market a product or service by using the franchisor's trademark
or trade name, (ii) the right to market a product or service by
using the franchisor's operation methods (know-how), (iii) the
obligation to pay a royalty fee for
