Adi Ortaklıkta İç İlişkiler

Abstract

Ordinary partnership contract was regulated between articles 620. and 645. of Turkish Code of Obligations(Law No. 6098). Ordinary partnership is the union of two or more persons to which they undertake a concerted effort to achieve this aim by bringing their labor or property together for a common purpose. In the ordinary partnership that come into being on all these primary components, the relations between the partners are a domain where the freedom of contract is widely applied. Furthermore, through the mandatory rules of the law, the essence of the partnership agreement and the balance of interests between the partners are protected. The fact that there is no legal personality of the ordinary partnership brings with it important results such as the absence of a capacity to have rights and obligations independent of the partners, as well as the absence of a standing to sue. The partners in the ordinary partnership dominated by the notion of unconditioned administration have important rights and obligations that influence the administration issue. The administrative competence of ordinary partnership may be entrusted to one or more of the partners or third parties. In the context of the common purpose of the partnership, administrative competence and partnership decisions are taking part in the realization of ordinary and extraordinary acts. In this context, the rights and obligations of the partners, as well as the rights and obligations of the administrator will be in question. Finally, the issues of expulsion and discharge in the ordinary partnership have been brought to the legal platform by the present law and the details are regulated.