
In short
An agency agreement is not a franchise agreement, and it concerns a continuous brokerage relationship. An agent makes it their occupation to conclude contracts, or to broker them, in the name of a commercial enterprise. The relationship is continuous. A franchise looks at the use of a system and of signs. Fee and term are not frozen in this article. The two disputes are not dissolved in the same petition.
Agency is continuous brokerage
An agent continuously follows the principal's business in a region or a line of trade. A single commission invoice does not, by itself, establish an agency. If the contract states a term, a place and an authority, those provisions are read. The authority shows which contracts the agent may conclude and in which region the agent will work. If no region is written, the dispute is built from the work actually carried on.
If the agent is to collect money in the principal's name, that authority appears separately. Collection without authority does not of itself widen the status of agent. Who owns the sum collected is read from the contract and the receipt. If the receipt is not in the principal's name, an account is demanded.
When the contract ends
When the contract ends, the agent's claims arising from the statute are read from the agency provisions. An equalisation claim, or a similar claim, does not arise of itself in every file. For it to arise, the nature of the relationship, its duration and the benefit the principal obtained are debated. This article does not set a number of days or a percentage. The condition is in the contract and in the current text.
Notice of termination is in writing. An oral sentence that "we stopped" leaves the end date uncertain. The date is in the service of the formal notice or the termination writing. The service endorsement is kept.
A franchise is a separate contract
The franchisee runs their own business according to the system and the signs. An agent, by contrast, brokers the principal's contract. Similarity on the shop sign does not merge the two contracts. A franchise dispute is a separate article. The franchise article does not construct the condition of an agent's claim.
Even if the heading of the contract says agency, characterisation looks at the content if the content is use of a system and a trademark. The reverse is also true. The heading does not, by itself, create a right. The provisions are read.
How the contract is separated
The relationship may have been set up for a region in Ankara. If the principal's centre is in another province, the contract is also read according to that centre. The office being in Çankaya does not change the territory of authority. An Ankara lawyer first asks for the contract, the termination writing and the commission statements.
Three questions are asked. Is the relationship continuous, or a single piece of business? Is there authority to collect? Is the system on the shop sign a franchise, or brokerage? The answers come from the clauses of the contract. If there is no clause, the actual practice is shown by correspondence and invoices. A fee rate is not invented. If the rate is written in the contract, it is read from there.
If commission statements are issued period by period, the account for each period is kept separately. If the principal objected to one period, the objection writing is tied to that period's invoice. An objection that is not tied does not of itself bring down the whole contract. What falls is only the disputed item. Commission for the other periods may fall due while the contract is in force.
If a document the agent gave the customer does not bind the principal, that limit is written in the contract. If it is not written, it is read from the actual practice, the letterhead and the authority document. If the customer took the agent for the principal, that mistake is shown separately. The two contracts are not merged without that showing.
The principal may ask for the return of samples left with the agent when the contract ends. If the sample list is on the delivery minutes, the return is made against that list. If there is no list, what was actually delivered is drawn out of the correspondence. A sample that is not returned is not charged separately as if it were a franchise fee. A fee is claimed only if it is written in the contract. If it is not written, a price is not invented.
If the contract is not continuous, authority given for a single piece of business is not treated as an agency. The limit of the authority is read from the written task clause. If there is no clause, the invoice and the correspondence are taken as the basis. A single invoice does not mean brokerage taken up as an occupation. The occupation is understood from continuity and from the record of the region.
Conclusion
An agency is the work of continuous brokerage or of concluding contracts. A franchise is a separate contract. Fee and term are not frozen in this article. The framework is on the commercial law page. The basis is the text of Turkish Commercial Code No. 6102.