Trade can be defined as the purchase and sale of goods and services for profit, and all values that can be expressed in money. Commercial law produces solutions to the disputes of the parties in order to ensure that the commercial relations of people and commercial relations are carried out properly. Commercial law is the branch of law that covers all legislation related to trade. Provisions regarding commercial law in Turkish law are basically gathered in the Turkish Commercial Code.
Turkish Commercial Code No. 6102 was published in the Official Gazette on February 14, 2011 and entered into force. It consists of six books: commercial enterprise, commercial companies, negotiable documents, transportation affairs, maritime trade and insurance law.
General concepts of commercial law are merchant, commercial enterprise, trade name, business name, unfair competition, brand, commercial books, current account agreement, merchant assistants and trade partnerships.
Merchants are real or legal persons dealing with trade and fulfilling the obligations imposed by the TCC. A natural person merchant is a person who runs a business on self behalf. If a legal person is a merchant, they are foundations or associations engaged in commercial activities. At the same time, commercial companies and public economic enterprises established by public legal entities are legal person merchants.
Trading companies; collective, limited partnership, joint stock, limited and cooperative partnerships. These companies are divided into private companies and capital companies. The liability of sole proprietorship partners is unlimited. The partners are responsible for all their assets due to the company's debts. Individual companies are collective and limited partnership companies. In capital companies, the responsibility of the partners is limited to the amount of capital they bring to the company. These companies are joint stock and limited companies.
Negotiable documents are those on which the right is subject to an instrument and cannot be put forward separately from the deed. Valuable documents are policies, checks, bills, bonds, commodity bills and transport bills. These documents appear as registered, warranted or bearer. Negotiable documents written to the name are documents with the name of a certain person. It is transferred by the transfer and delivery of the receivables. Negotiable documents written as orders are the deed in which the name of the first creditor of the bill is written and that is registered to his order. Bills, policies and checks are negotiable documents written in order. Written documents can be transferred with endorsement and delivery. The negotiable document written to the bearer is the type in which the person carrying the certificate is deemed the right owner. Can only be transferred by delivery.
Transport contracts are contracts that include goods or passenger carriage, or both. The carrier is obliged by the contract of carriage to deliver and deliver the goods to the destination or to transport the passenger to their destination. The sender in the transport of goods and the passenger in the transport of passengers is obliged to pay the carrier fee.
Maritime trade law covers the ongoing business of ships and vessels over the sea. It is divided into eight sections within itself.
Insurance law is the legal rules that regulate the insurance relationship, the work and activities of businesses engaged in insurance. The insurance contract is the contract under which the insurer is obliged to compensate for a fee in the event of a danger that damages a person's interest that can be measured with money.
In commercial law, there are commercial cases under three different main headings filed to eliminate the disputes faced by the parties. These lawsuits are absolute, relative commercial lawsuits, as well as lawsuits related to warrants, remittances and copyrights. Commercial cases within commercial law are opened in commercial courts of first instance.
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