Contract Law

Brokerage Agreements and Activities Incompatible with the Legal Profession

Court: Court of Cassation of Türkiye
Chamber: 13th Civil Chamber
Case No.: 2017/4038 E.
Decision No.: 2019/11484 K.
Decision Date: 25.11.2019

The 13th Civil Chamber of the Court of Cassation held that, under Article 11 of the Attorneys' Act, brokerage (intermediary) activity is incompatible with the practice of law, and that the purpose of this prohibition can only be achieved by treating the underlying transaction as invalid; it accordingly ruled that the brokerage agreement to which the defendant attorneys were party was absolutely void under Article 27 of the Turkish Code of Obligations. On this basis, it concluded that the parties must mutually return what they had received under the agreement.

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