Vekalet Sözleşmesinde Vekilin Şahsen İfa Borcu

Abstract

Agency contract is a contract between the agent and the client in which the agent gratuitously –as a rule- undertakes a transaction or service for the advantage of the client and in accordance with the will of the client, without any guarantee to get a result. One of the obligations arising from the agency contract is the obligation of personal performance. The lawmaker regulates the obligation of personal performance as an exception, in cases where the obligee has advantage if the obligation is performed personally. Since the agency contract is an intense trust relationship between the parties, in article 506 of Turkish Code of Obligations, the lawmaker regulates the obligation of personal performance of agency as an exception to the principle in article 83 of Turkish Code of Obligations. Therefore the agent is under the obligation of personal performance. Exceptionally when the agent is given the authority or in obligatory circumtances or when practises allow, the agent can assign someone else to perform the obligation. In cases where there is no obligation of personal performance, the agent can get someone to perform the obligations which arise from the agency contract. İn such cases, the agent can appoint a substitutional agent or a subagent for the performance. However, the agent can assign a performance assistant in all cases whether the obligation of personal performance is in question or not. The assignment of a performance assistant by the agent will not constitute a contradiction to the obligation of personal performance.