Институт посредничества в коммерческом праве Турецкой Республики

Abstract

The article analyses the institution of commercial agents in the Republic of Turkey, which has not only rich legal traditions going centuries back to the existence of the Ottoman Empire, but is also very popular at the present time. The author gives a classification of all types of commercial intermediaries represented in the national legislation, and highlights the key features of each of them. The paper states that the institution of agents in Turkish commercial law does not have a clear and unambiguous regulation, which introduces some confusion in understanding the essence of a particular type of commercial intermediary. The author states that the regulation of the institution of commercial agents by various legal sources also does not contribute to an unambiguous interpretation of legal norms. At the same time in the field of commerce in this country, in some cases, the norms of customary law apply. It is concluded that the variety of legal forms of intermediary activity largely contributes to the development of business in the country and employment growth. The article presents various positions of Turkish researchers on the most debated issues of the activities of commercial intermediaries. In addition to excerpts from the main sources of Turkish commercial law, materials of judicial practice and scientific research by Turkish and Russian specialists are presented. Taking into account the deepening cooperation between Russia and Turkey, particularly in the field of commerce, separate comments on the rules of law governing the activities of intermediaries are given, taking into account the interests of Russian business.