In short
A dealership fee is not a current-account balance in enforcement. What is requested is the fee agreed in the dealership contract and appearing on the invoice. A current account is a separate relation in which reciprocal items are tied to a balance at the end of the period. The balance writing is not carried into this text. The dealership invoice is not read in the place of that balance. If the amount is not in the contract and the invoice, it is not added.
The invoice carries its own ground
A dealership fee can be an entry fee, a fee for use of the name or a periodic fee. Whichever one the contract writes, the request for proceedings writes that. If all three are gathered on a single invoice, the lines are separated. A total that is not separated is not requested as if every item had fallen due. An invoice for the sale of goods is not shown as the dealership fee. The price of goods carries a separate ground. Two grounds are not hidden under a single heading.
The invoice does not of itself give birth to a fee that is not in the contract. The contract does not make due a period that is not written on the invoice. If the two documents contradict each other, the request shows which line was taken as the basis. The larger amount is not chosen of itself. An oral note that this is also a dealership does not build the invoice item. The sentence that a price passed by email does not produce a fee if there is no contract sentence. A price list is read only to the extent the contract writes that it binds it. If there is no binding writing, the list is not counted as an acknowledgement of the debt.
If the title of the invoice and the party to the contract are different, the creditor and debtor line is read separately. A group company, the dealer and the dealer operator are not counted as the same person. If the invoice was cut to one and the contract to the other, the request writes which relation it rests on. A company that is not written is not completed as the debtor. If there is no transfer document, the claim is not treated as having passed of itself to the new title.
The entry fee is separated from the price of goods
The entry fee is the money agreed for the dealership being set up or for the name being used. The price of goods is the consideration of the merchandise that was sent. The fee for use of the name may have been tied to the trademark or the signboard record. If the three stand under the same heading, the ground lines are separated. If the entry fee was paid, that payment does not close the later goods invoices. A return of goods does not of itself bring the entry fee back. Bringing it back is read from that sentence if it is written in the contract. If there is no sentence, a return is not assumed.
A discount, a bonus and a turnover bonus are not a balance hidden inside the invoice amount. Whichever period and whichever base the bonus document writes, that line stands. If there is no document, the bonus is not treated as deducted from the dealership fee. A small amount as if a deduction had been made, and a large amount as if there were no deduction, are not produced. The request places the invoice in hand and the bonus writing in hand side by side. If one is missing, the other does not take its place.
The penalty record in the dealership contract is not written inside the invoice amount. How the penalty line is read is in the article on a penalty clause. Whether the penalty is put beside the fee or in its place is in that article. This text does not add a penalty amount. A security that was withheld while there is no penalty in the contract is not named a penalty. Return of the security is not the subject of the fee proceedings. If the return record is not in the document, the security is not counted as deducted from the fee either.
A balance statement does not take the place of the invoice
The parties may also be keeping a reciprocal account separately. The balance on the statement does not have to be the same as the dealership invoice. Goods, a return, a discount and the fee can stand mixed inside the balance. If the creditor requests the dealership fee, they show the invoice of that fee and the contract sentence. The statement is not put in the place of these two documents.
Even if the statement shows a credit balance, the balance is not a single dealership invoice. The total of more than one period is not requested as if every period had fallen due. A line whose maturity has not come is not added beside the invoice whose maturity has come. A minus balance on the statement can mean the debtor's claim. The minus line is not hidden and only the plus line requested. Set-off is read if it is seen in the document to which item it was written. If it is not seen, set-off is not assumed.
If a current-account contract was built separately, that relation is not the subject of this text. The dealership invoice is not read as the opening slip of the current-account statement. If there is no account-closing writing, the balance is not counted as a final acknowledgement of the debt. A writing presented as an acknowledgement should show the signature of the dealer's authorised person and which item they accepted. An item that is not shown is not treated as melted inside the acknowledgement. If there is no signature, the statement does not become an acknowledgement document.
A periodic fee is not rent
A periodic dealership fee is not rent of an immovable. Enforcement without a judgment of a rent claim is in the article on a rent claim. That article tells the month that has run and the place of the immovable. The dealership invoice is not fitted onto that skeleton. The district of the dealer's place does not change the ground of the fee. While there is no lease, the dealership fee is not written as rent. It does not turn into rent of an immovable because a signboard is hung. A document showing the place does not take the place of the lease.
The maturity of the periodic fee is read from the payment record in the dealership contract. A rent list does not build this maturity. A period whose maturity has not come is not requested if it is not on the invoice. A future period whose invoice has not been cut is not added as a dealership fee. Even if the contract says it is cut every month, the amount of a document that was not cut is not produced at the enforcement office. Production is not choosing a figure from the list itself. The figure should stand on the invoice that was cut and in the contract sentence.
If the dealership has ended, the ending writing can show until which period the fee can be requested. If there is no writing, ending is not assumed. A period after the ending is not requested if it is not on the invoice. Transfer, stock and signboard-removal fees are not a copy of the periodic fee. If these items are not in their own documents, they are not added to the periodic invoice.
The objection does not make the termination a judgment
Proceedings without a judgment come onto the agenda for a money claim that is specific and due in the document. The enforcement office does not build a judgment on whether the dealership continues or whether the contract was terminated with justification. This dispute can be the subject of an objection or an action. The objection does not make the invoice a contract provision. The objection does not wipe the debt of itself either. With which papers the objection was made is read from the file. A period is not written into this text.
The first reading of the claim that the debt never existed is in the article on enforcement came while I have no debt. That article does not separate the dealership invoice from the current-account statement. This text builds that separation. If the objection petition says the balance is wrong, the petition does not take the place of the statement. On which line the wrongness is is read side by side with the invoice in hand. If the line is not shown, the whole fee is not treated as erased. If a sentence that accepts one item and debates the other melts the two items in the same amount, the request stays uncertain. An uncertain sentence does not turn the invoice into a judgment.
A termination notice does not of itself zero the fee. The notice does not of itself build which period is requested either. If the notice and the invoice contradict each other, the contradiction is not hidden. A claim of justified termination is not turned into a damages amount at the enforcement office. Damages are not written inside these fee proceedings. If the document that should be written is missing, the item is not built.
The dealership region does not build the ground of the fee by itself. If the contract writes a particular province or district, this writing is a record of authority or of region. The region record does not enlarge the invoice amount. A claim of breach of the region is read from that sentence if there is a separate penalty or damages sentence. If there is no sentence, the breach is not added to the dealership fee. A non-compete covenant stands in the same way. The penalty record of the covenant is not hidden inside the fee invoice. A line that is hidden is not turned into a figure at the enforcement office.
A stock-count minute is not the receipt of the periodic fee. The count can show that the goods stood in place. The count does not make the entry fee or the fee for use of the name due. A short stock is not deducted of itself from the invoice amount. The deduction is read if it is written on a return invoice or in the contract sentence. If there is no writing, the shortfall is not treated as having erased the whole of the claim. If more than one dealer is gathered on the same invoice, each dealer's contract is separate. If the collective invoice does not show each one's debt, a share is not produced. A person who has no share is not completed as the debtor of the total.
Conclusion
The dealership invoice is read apart from the current-account balance. The entry fee, the periodic fee and the price of goods are not the same line. The statement does not take the place of the invoice. A periodic fee is not a rent claim. The penalty record is not hidden inside the fee. The objection does not make the termination a judgment. If the amount is not in the document, it is not added. The framework is on the enforcement and bankruptcy law page. The proceedings are proceedings for a money claim under Enforcement and Bankruptcy Code No. 2004. The source of the fee is the dealership contract. The general contract ground is read from the text of Turkish Code of Obligations No. 6098. The office record is on the contact page.