In short
The fee in a mandate contract is not the counsel fee on the enforcement cover account. The sum in the contract is the principal claim the representative has against the principal. The cover line is a cost item of the proceeding. A cost item does not mean the contractual fee has been collected. The tariff is not turned into a number in this text.
A mandate contract is not only a lawyer's retainer. An agreed fee of a commercial agent does not become the principal claim by being written onto the cover line either.
The principal claim is the sum in the contract
If the fee is written in the mandate contract as a definite sum or a definite calculation, the money claim is that. The enforcement request shows this sum as the principal claim. That the work was done is read from the power of attorney, the contract, and any accrual record. An indefinite reasonable fee is not turned into a figure at the enforcement office. A figure is not chosen from this text. A sentence that the return is whatever the labour was worth does not become the amount of the claim.
If the contract has split the fee as payable in advance, at the end of the work, or stage by stage, what is asked for is the part that has fallen due. A stage that has not fallen due is not written inside the earlier accrual. If there is no accrual record, the whole contract sum is not asked for on the assumption that the work has ended. That the work has ended is read from the result record in the contract, and from any acceptance writing of the principal, not from the power of attorney. While there is no acceptance writing, silence is not counted as an accrual slip.
If more than one piece of work is gathered in a single power of attorney, each piece of work's fee is in its own sentence. If one piece of work's fee has been paid, that payment does not close the other piece of work's fee by itself. A set-off is read if the document shows which work it was written to. If it does not show, a closing is not assumed. A lawyer and a commercial agent are not assumed in the same file. Even if the two capacities join in the same person, the contract whose fee is asked for is the contract that is shown.
An unpaid mandate does not build an item
If an unpaid mandate was agreed, a fee item is not built. An unpaid record is not later completed as a reasonable sum. The principal's letter of thanks does not make an unpaid record a paid one. A gift, an expense, or a travel cost is not an agreed fee. If these items are written separately in the document, they stand apart. If they are not written, they are not added inside the fee.
In work done for a fee, a fee can arise when the contract is silent. That result is read if the profession and the contract record stand side by side. While there is no record, not every mandate is counted as paid. A family matter, or a one-off piece of work, is not turned into a commercial-agency fee by silence. Practising a profession and a favour between friends are not melted in the same sentence. In which capacity the person acted is read from the power of attorney and the contract. If both are missing, a capacity is not invented.
If it is written that the expense belongs to the representative, the expense is not added on top of the fee. If it is written that the expense belongs to the principal, the expense item stands with a slip and a description. If there is no slip, an expense sum is not produced. An expense slip is not read as an accrual of the fee. If the two items have joined on the same receipt, the lines are separated. An unseparated total is not asked for twice, once as the fee and once as the expense.
The cover line is a cost item
If the enforcement file is conducted with a lawyer, a counsel-fee line can be entered on the cover account. That line is a proceeding cost loaded onto the debtor. The account is read from the tariff. The band of the tariff, and the calculation, are not written here. The contract sum between the representative and the client is not stuck onto the cover line. The stuck sum does not make the cost a contractual fee. The calculation of an objection to the cover line, and the application, are not the subject of this text.
The cover line is a column separate from the principal claim of the proceeding. The principal claim can be rent, a work price, or another sum of money. The representative's own contract fee is not written inside that principal claim. If it is written, two causes are hidden under a single heading. A hidden cause does not turn the cover account into the fee in the contract.
If the contract has a penalty sentence beside the fee, the penalty does not take the place of the fee. How the penalty record is read is in the writing on a penalty clause. If the penalty sum is not in the document, it is not added to the fee. A record tied to success is not treated as accrued before success is shown in the document. The showing can be a judgment, an enforcement cover account, or the principal's written acceptance. If none of them is there, success is not assumed.
The other side's cost does not close this fee
The cover fee in the file the client opened against a third person does not close the client's contract debt to the representative. The cost the other side paid does not mean the representative's own claim against the principal has been collected. The two debtors can be different persons. Even if they are the same person, the two items carry separate causes. Without the cause being written, a set-off is not made.
The other side is not the client. The cost loaded onto the other side is not the slip that the client's debt in the contract was paid. If the representative asks the client a second time for the cost accrued on the cover, the claim writes that separately. A second request that was not written is not treated as melted inside the cover line. If the client paid the cover cost to the representative in advance, that payment does not have to be the collection slip of the fee in the contract. Which debt it was written to stands in the description. If there is no description, the fee is not treated as closed.
The principal and the other side are shown separately in the enforcement request. One's debt is not copied as the other's debt. A proceeding the representative opened against the client is not a continuation of the proceeding the client opened against a third person. If the file numbers are mixed, which fee is asked for is read from the contract's particulars. If there are no particulars, a file number does not produce a fee.
Another file's cover is not carried across
If the fee in the contract has not been paid, the creditor makes this fee the principal claim of their own enforcement request. Deducting this fee from the cover line of another enforcement file is not collection. The deduction is read only if the document shows that the two items are the same debt and the same person. If it does not show, the cover balance is not written as the mandate-contract claim.
The cover total of more than one enforcement file does not meet the fee in the contract by itself. The total is not made a principal claim before it is written which contract it is tied to. If the power of attorney is special to one file, another file's cover does not carry this fee. A general power of attorney does not give birth to the fee of work that was not done either. The work that was done must stand in the contract or in the accrual record.
The first reading of the person to whom a payment order came is in the writing on enforcement when I have no debt. That writing does not separate the fee in the contract from the cover line. This text builds that separation. A claim that one is not the debtor is in the writing on an action for a negative declaration. The declaration petition does not make the cover cost a contractual fee. An objection can stop a proceeding without a judgment. An objection does not make the contract unpaid by itself either.
A cost in a judgment is a separate proceeding
If a counsel fee was awarded in the judgment as a litigation cost, that item is the subject of enforcement of a judgment. The cost in the judgment does not take the place of the fee in the contract. While there is no judgment, a cost item is not copied into a request without a judgment as the contract sum. A fee that is not written in the operative part of the judgment is not added as if the operative part were there. A sentence in the reasoning does not become the amount of the proceeding if it is not in the operative part.
If the judgment has awarded the fee between the representative and the principal, the basis is that judgment. That judgment is not the litigation-cost judgment of another action. If there are two judgments, which one carries the fee award is read from the text of the operative part. If the operative part says only cost, the sum in the contract is not counted inside that operative part. If a finality annotation is not on the judgment, this text does not say it became final, or that it cannot yet be put in. The annotation is read from the document.
If a collection slip appears to have closed the cost under the judgment and the contractual fee on the same line, the description is separated. If there is no description, the slip is not treated as having closed both debts. A refund is the reverse direction of collection. A refund slip is not read as the fee having been paid.
Conclusion
The fee in the contract is the principal claim. The counsel fee on the cover account is a cost of the proceeding. The cost the other side paid does not close the principal's contract debt. A litigation cost in a judgment does not take the place of the contractual fee. An unpaid record is not later completed into a sum. If the amount is not in the document, it is not added. The frame is on the enforcement and bankruptcy law page. The ground of the proceeding cost is the Enforcement and Bankruptcy Law No. 2004. The birth of the fee is read from the contract and from the mandate provisions of the Turkish Code of Obligations No. 6098. The contact page stands for writing to the office.