ACENTENİN TAHSİL KOMİSYONU TALEP HAKKI

• Main Author: Ufuk TEKİN
• Format: Article
• Language: deu
• Published: Inonu University 2019-12-01
• Series: İnönü Üniversitesi Hukuk Fakültesi Dergisi
• Subjects: commercial agent; collecting commission; remuneration; tcc art. 113/4.
• Online Access: https://dergipark.org.tr/tr/download/article-file/794771

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.