Consequences Of Merchant Title
1. Every merchant must choose and use a trade name in accordance with the provisions of the law. This
It is both a right and an obligation for the merchant.
2. Merchants are subject to bankruptcy for all kinds of debts and obligations. The merchant may close his commercial enterprise even if it is cancelled from the trade registry (erasing something written by crossing out, cancelling), the situation must be registered and subject to bankruptcy for a further period of one year from the date of its announcement.
3. Every merchant is obliged to keep the books required by his commercial enterprise. Failure to do so
If he/she acts in a wrongful manner, some special sanctions shall be imposed on him/her.
4. Every merchant is obliged to register his commercial enterprise with the trade registry. In addition to this, the merchant to register the matters required to be registered and to announce the matters required to be announced by law is obligatory.
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5. Merchants must register with the chambers of commerce or agencies where the commercial enterprise is located
must be recognised as industrialists. Persons who are recognised as industrialists shall also be subject to the obligation of the Chamber of Industry in the place where they are located.
If any, they are obliged to register to this chamber. However, the industrialist is also obliged to register a sales place for his own products.
If he opens a business, he is also obliged to register with the chamber of commerce.
6. Paragraph 2 of Article 20 of the Turkish Commercial Code states that “every merchant is obliged to register with the chamber of commerce act as a prudent businessman”. Here, an objective measure is taken into account. In other words, not the care to be shown by the merchant according to his personal situation and ability, but the characteristics of his trade taking into account the care to be exercised by a prudent and forward-looking trader at a reasonable and customary rate shall serve as a measure.
7. Commercial customs and traditions shall apply absolutely to merchants.
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8. According to Article 21 of the Turkish Commercial Code, “It is essential that the debts of a merchant are commercial. Provided that where the merchant, who is a natural person, expressly informs the other party that the transaction is not related to his commercial enterprise at the time of the transaction, or where the circumstances do not allow the transaction, act or business to be considered commercial then the debt is ordinary. Contracts of a commercial nature for only one of the parties are defined in the law .Unless otherwise stipulated, it shall be deemed as commercial business for the other”. Real person merchants may, under certain circumstances they can prove otherwise. When a business is characterised as “commercial”, the law attaches certain consequences to it.
9. If the merchant has performed a work or service related to his commercial enterprise, the person who benefits from this work or service whether he is a merchant or not, even if no wage has been agreed between the parties before may demand an appropriate fee. In addition, the merchant shall be entitled to a fee for the advances given and expenses incurred from the date of payment. shall also be entitled to interest.
10. Pursuant to Article 23 paragraph 1 of the Commercial Code, a person who sells or manufactures goods as part of his commercial enterprise or a merchant who performs a work or provides a benefit, to issue an invoice upon request and if the price has been paid must also indicate this in the invoice.
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11. The recipient of the invoice may, within eight days from the date of receipt, raise an objection to its contents
if he/she has not done so, he/she shall be deemed to have accepted the contents of the invoice. According to Article 23, paragraph 3 of the Commercial Code a letter confirming the content of agreements and representations made orally, by telephone or telegram the confirmation letter, unless the person to whom it is addressed has lodged an objection within eight days from the date of receipt. the contract or declarations made in accordance with the contract or declarations made.
12. Merchants need to benefit from certain protective provisions stipulated in the Code of Obligations
unheard of. The debtor who has the title of merchant, Article 104, paragraph 2, Article 161 of the Code of Obligations
In the cases set out in paragraph 3 and Article 409, a fee or penalty may be reduced on the grounds that it is alleged to be excessive. cannot ask the court.
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13. According to paragraph 3 of Article 20 of the Commercial Code, between merchants, the default of the other party
for the purpose of reducing (inability to pay debts) or for the purpose of termination or rescission of the contract
In order for the notices or warnings to be made to be valid, they must be sent through a notary public or with return receipt It must be made by registered letter or telegram. The important point here is
both parties are merchants and the business is commercial for both parties and not only for one party.
14. The right of imprisonment entitles the creditor, in the event that the conditions stipulated by law are fulfilled
by not returning the movable property and negotiable instruments belonging to the debtor
It is a right in rem that authorises detention and monetisation as collateral. The birth of the right of imprisonment
One of the legal conditions necessary for the creditors to be entitled to receive the movable property in the possession of the creditor or negotiable instruments and due and payable (due, payable immediately, urgent)
the existence of a natural connection between the (recognised) claim. Article 864 of the Turkish Civil Code
In paragraph 2 of Article 864 of the Turkish Civil Code, if the receivable and possession arise from commercial relations between merchants, it is shown that this connection will be assumed.
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