The marketing contract is defined under Article of 448 of
Turkish Code of Obligations ("TCO"). In the referred
article, a marketing contract is defined in which the marketer acts
continuously as the intermediary for every action outside of the
workplace on behalf of the employer who owns a commercial
enterprise or if a written agreement exists, he accepts to fulfill
the agreed transactions and the employer pays a fee for such
services. According to the marketing contract provisions under the
TCO, a written agreement on the salary which consists exclusively
or predominantly of commission is valid only if such commission is
an appropriate remuneration for the services of the marketer.
In the case of the marketing contract of limited duration
includes such provision; each of the parties would has the right to
cancel the contract, by taking the cancellation notice in
If it has been decided that the marketing contract of limited
duration shall become null and void upon notification but either
party has not made notification for cancellation, the contract
transforms into a contract of unlimited duration. In such case each
of the parties would has the right to cancel the contract, by
taking the cancellation terms in account. These terms are two weeks
for the services of whom totals up to one year; four weeks for a
marketer who has service period from one to five years; and six
weeks for a marketer with a service period of more than five years.
The principal may cancel the marketing contract by paying the wages
for the cancellation notification period in advance. In such case
the commission would be paid based on the minimum customary
The Article 460 of the TCO envisages that in case of termination
of the contract, the marketer will be entitled to a commission for
every order which is conveyed to the employer until the termination
date without taking into consideration its acceptance and due date
and for each transaction he conducted personally or for which the
marketer acted as the intermediary. There are not any other
compensation requirements under the TCO regarding the respective
On the other hand, we have to state that because of the
Principal gives an exclusive right to the respective marketer as an
agent, there is a minimized possibility that the compensation
provisions of the Article 122 of the Turkish Commercial Code
("TCC") would also be applicable to the other continuous
contractual relationships granting an exclusive right, as long as
the situation shall not be against good faith.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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An assignment of rights under a contract is normally restricted to the benefit of the contract. Where a party wishes to transfer both the benefit and burden of the contract this generally needs to be done by way of a novation.
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