Unilaterally Termination of the Mandate Agreement as Per Article 512 of the Turkish Code of Obligations

Mustafa Tolga Özer

Makale detayları

Unilaterally Termination of the Mandate Agreement as Per Article 512 of the Turkish Code of Obligations

Yazarlar:

Mustafa Tolga Özer

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 72, pp.31-52

Belge Tipi:

Makale

Yayın Tarihi:

5/2023

Belge Dili:

Almanca (Kısaltma)

Document ID (Org No.):

2001290005

pISSN:

0578-9745

Anahtar kelimeler:

Özet:

 One reason to end a mandate agreement involves the unilateral termination procedure regulated under Article 512 of the Turkish Code of Obligations TCO. According to this provision, the mandatee and mandator are entitled to unilaterally terminate a mandate agreement without need to propound upon a rightful reason or grant a notice period. The purpose of this provision is to allow the parties to easily terminate a contractual relationship in the event of a deterioration between the parties in the mutual trust that lies at the foundation of the mandate agreement. However, terminating an agreement without any reason or notice period may have detrimental effects on the other party in certain cases. In consideration of this possibility, legislators have regulated that the party who terminates a mandate agreement at an inopportune juncture shall compensate the other party for the damages arising from such a termination qqv. TCO Art. 512 p. 2. This study aims to review the right to unilaterally terminate a mandate agreement regulated under Article 512 of the TCO. The study will review within this scope the legal nature of this right, the procedures for its use, and its field of application in the first stage. Following this stage, the study will peruse information on compensation liability due to the termination of a mandate agreement at an inopportune juncture and review the legal grounds and scope regarding this compensation. The study will conclude by questioning whether Article 512 of the TCO is a mandatory provision or not.

 One reason to end a mandate agreement involves the unilateral termination procedure regulated under Article 512 of the Turkish Code of Obligations TCO. According to this provision, the mandatee and mandator are entitled to unilaterally terminate a mandate agreement without need to propound upon a rightful reason or grant a notice period. The purpose of this provision is to allow the parties to easily terminate a contractual relationship in the event of a deterioration between the parties in the mutual trust that lies at the foundation of the mandate agreement. However, terminating an agreement without any reason or notice period may have detrimental effects on the other party in certain cases. In consideration of this possibility, legislators have regulated that the party who terminates a mandate agreement at an inopportune juncture shall compensate the other party for the damages arising from such a termination qqv. TCO Art. 512 p. 2. This study aims to review the right to unilaterally terminate a mandate agreement regulated under Article 512 of the TCO. The study will review within this scope the legal nature of this right, the procedures for its use, and its field of application in the first stage. Following this stage, the study will peruse information on compensation liability due to the termination of a mandate agreement at an inopportune juncture and review the legal grounds and scope regarding this compensation. The study will conclude by questioning whether Article 512 of the TCO is a mandatory provision or not.

 One reason to end a mandate agreement involves the unilateral termination procedure regulated under Article 512 of the Turkish Code of Obligations TCO. According to this provision, the mandatee and mandator are entitled to unilaterally terminate a mandate agreement without need to propound upon a rightful reason or grant a notice period. The purpose of this provision is to allow the parties to easily terminate a contractual relationship in the event of a deterioration between the parties in the mutual trust that lies at the foundation of the mandate agreement. However, terminating an agreement without any reason or notice period may have detrimental effects on the other party in certain cases. In consideration of this possibility, legislators have regulated that the party who terminates a mandate agreement at an inopportune juncture shall compensate the other party for the damages arising from such a termination qqv. TCO Art. 512 p. 2. This study aims to review the right to unilaterally terminate a mandate agreement regulated under Article 512 of the TCO. The study will review within this scope the legal nature of this right, the procedures for its use, and its field of application in the first stage. Following this stage, the study will peruse information on compensation liability due to the termination of a mandate agreement at an inopportune juncture and review the legal grounds and scope regarding this compensation. The study will conclude by questioning whether Article 512 of the TCO is a mandatory provision or not.

 One reason to end a mandate agreement involves the unilateral termination procedure regulated under Article 512 of the Turkish Code of Obligations TCO. According to this provision, the mandatee and mandator are entitled to unilaterally terminate a mandate agreement without need to propound upon a rightful reason or grant a notice period. The purpose of this provision is to allow the parties to easily terminate a contractual relationship in the event of a deterioration between the parties in the mutual trust that lies at the foundation of the mandate agreement. However, terminating an agreement without any reason or notice period may have detrimental effects on the other party in certain cases. In consideration of this possibility, legislators have regulated that the party who terminates a mandate agreement at an inopportune juncture shall compensate the other party for the damages arising from such a termination qqv. TCO Art. 512 p. 2. This study aims to review the right to unilaterally terminate a mandate agreement regulated under Article 512 of the TCO. The study will review within this scope the legal nature of this right, the procedures for its use, and its field of application in the first stage. Following this stage, the study will peruse information on compensation liability due to the termination of a mandate agreement at an inopportune juncture and review the legal grounds and scope regarding this compensation. The study will conclude by questioning whether Article 512 of the TCO is a mandatory provision or not.

Makale detayları

Unilaterally Termination of the Mandate Agreement as Per Article 512 of the Turkish Code of Obligations

Yazarlar:

Mustafa Tolga Özer

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 72, pp.31-52

Belge Tipi:

Makale

Yayın Tarihi:

5/2023

Belge Dili:

Almanca (Kısaltma)

Document ID (Org No.):

2001290005

pISSN:

0578-9745

Mandate

Mandate Agreement

Termination

Rescission

Mandatee

Mandator

Compensation

Sayı

Makale detayları

Yazarlar: Mustafa Tolga Özer

Yayıncı: Istanbul University

Ana Başlıklar: Law in Context

Dergi: Annales de la Faculté de Droit d’Istanbul Issue 72, pp.31-52

Belge Tipi: Makale

Yayın Tarihi: 5/2023

Belge Dili: Almanca (Kısaltma)

Document ID (Org No.): 2001290005

pISSN: 0578-9745

Sayı

Yazarlar:

Mustafa Tolga Özer

Yayıncı:

Istanbul University

Ana Başlıklar:

Law in Context

Dergi:

Annales de la Faculté de Droit d’Istanbul Issue 72, pp.31-52

Belge Tipi:

Makale

Yayın Tarihi:

5/2023

Belge Dili:

Almanca (Kısaltma)

Document ID (Org No.):

2001290005

pISSN:

0578-9745