“MERCHANT”. Dr. Özlem Döğerlioğlu IŞIKSUNGUR Yasar Univesity- Lecture Notes Spring 2012. firstname.lastname@example.org. CONCEPT of “merchant”. Regulated in Article 11-23 of NTCC Merchants: Real (natural) persons Legal person
Dr. Özlem Döğerlioğlu IŞIKSUNGUR
Yasar Univesity- Lecture Notes Spring 2012
A person who although has not established a commercial enterprise, enters into relationship with third parties as if he had formed a commercial enterprise, shall be held liable like merchant against third parties in good faith
Non-profit Foundations are not merchant. (Foundations that spent %50 or more of its income to the affairs that has public duty.
It is established with the decion of Council of Ministers
Has legal personality
Subject to private law provisions
Under the Article 16.1 of NTCC, it is accepted that all Public Economic Enterprises are merchant
Economic State Body (iktisadi devlet teşekkülü): Capital belongs to State + commercial activities in economic scope.
Public economic units: capital belongs to Satate + establishment for the purpose of procuduction and marketing of goods or services that are monopoly (taking into condideration of the public interest) + these goods and services produced are accepted as privilege due to the statues of public service
Eg: TÜBİTAK, Military mutual-aid assocation ( Ministry of National Defence) are accepted as merchant
Question: Are the statements mentioned above are necessary as the elements to be accepted as a merchant?
1- Is A Collective Company merchant?
2- Who is responsible against Mehmet concerning this dealing? If Mehmet is not in good faith any changes in your answer?
3- Is Ahmet subject to bankrupcy? If yes Why?