Article 30 MÖHUK – Authority of agents

Article 30 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) decides which law governs an agent’s authority (temsil yetkisi). It treats the relationship between principal and agent separately from the relationship with the third party the agent deals with. If you live in Germany or the Netherlands and have given a relative in Turkey a power of attorney (vekâletname) to handle land registry, bank or inheritance matters, this article applies to you.

Article 30 MÖHUK – text

Unofficial translation:

Authority of agents
Article 30 – (1) The authority of an agent arising from the legal relationship between the agent and the principal is governed by the law applicable to the contractual relationship between them.
(2) The conditions under which an act of the agent can bind the principal towards a third party are governed by the law of the agent’s place of business. Where the agent has no place of business, or the third party cannot know it, or the authority is exercised outside that place of business, the authority is governed by the law of the country where it is actually exercised. In the case of an agent acting without authority, this paragraph also applies to the relationship between the agent and the third party.
(3) Where there is an employment relationship between the agent and the principal and the agent has no independent place of business, the authority is governed by the law of the country where the principal’s place of business is located.

Turkish original:

Temsil yetkisi
MADDE 30 – (1) Temsilci ile temsil olunan arasındaki hukukî ilişkiden doğan temsil yetkisi, aralarındaki sözleşmeden doğan ilişkiye uygulanan hukuka tâbidir.
(2) Temsilcinin bir fiilinin, temsil olunanı üçüncü kişiye karşı taahhüt altına sokabilmesi için aranan şartlara temsilcinin işyeri hukuku uygulanır. Temsilcinin işyeri bulunmadığı veya üçüncü kişi tarafından bilinemediği veya yetkinin işyeri dışında kullanıldığı durumlarda temsil yetkisi, yetkinin fiilen kullanıldığı ülke hukukuna tâbidir. Yetkisiz temsilde, temsilci ile üçüncü kişi arasındaki ilişkiye de bu fıkra hükmü uygulanır.
(3) Temsilci ile temsil olunan arasında hizmet ilişkisi varsa ve temsilcinin bağımsız bir işyeri yoksa temsil yetkisi, temsil olunanın işyerinin bulunduğu ülke hukukuna tâbidir.

The current text in the UYAP Mevzuat system shows no amendment to this article (as of November 2026).

Legislative reasoning

According to the reasoning of the government bill, the article is new; the former Law No. 2675 had no equivalent. Its aim is an objective connecting factor for voluntary agency that balances the interests of all three parties. For the relationship with the third party, the agent’s place of business was chosen because all three parties can know where it is. The reasoning points out that extending the rule to agents acting without authority or beyond their authority leaves no gap. The exception in paragraph 3 covers cases where third parties can learn of the employment relationship.

Explanation

Agency involves three people: the principal (temsil olunan), the agent (temsilci) and the third party. Article 30 does not subject all these relationships to the same law.

Internal relationship (para. 1). The authority between principal and agent follows the law that governs the contract between them, usually a contract of mandate (vekâlet sözleşmesi) or an employment contract. That law is found through the general rule for contracts in Article 24 MÖHUK.

External relationship (para. 2). Whether the agent’s act binds the principal towards the third party depends on the law of the agent’s place of business. If the agent has none, if the third party cannot know it, or if the agent acts outside it, the law of the country where the authority is actually exercised applies.

Acting without authority. If the agent acts without authority or exceeds it, the law under paragraph 2 also governs the relationship between agent and third party. If that is Turkish law, the transaction binds the principal only if he or she ratifies it (Article 46 of the Turkish Code of Obligations, TBK). Without ratification, the third party can claim damages from the unauthorised agent (Article 47 TBK).

Employment relationship (para. 3). If the agent works for the principal and has no independent place of business, the law of the principal’s place of business applies.

The wording refers to authority arising from a legal relationship, and the reasoning discusses voluntary agency. In the author’s assessment, statutory representation, such as that of parents under parental custody (velayet) or of a guardian (vesayet), is outside this article.

What this means if you live abroad

A power of attorney for a relative in Turkey. Suppose your agent is a brother or a parent, a private individual not acting from a place of business in this matter, and uses the power of attorney in Turkey. The authority is then actually exercised in Turkey, and whether the agent’s transactions bind you is decided under Turkish law (Article 30(2)). If the agent is a lawyer with an office in Turkey, Turkish law also applies as the law of the place of business. Under Turkish law, a transaction concluded in your name by an authorised agent binds you directly (Article 40(1) TBK).

Form is a separate question. Article 30 tells you which law governs the authority; it does not say how the power of attorney must be drawn up. Form is governed by Article 7 MÖHUK: a power of attorney can comply with the law of the place where it is made or with the law governing the transaction itself. The land registry (tapu müdürlüğü), a bank or a court may impose additional requirements under their own rules.

Revocation. Under Turkish law the principal can restrict or revoke the authority at any time (Article 42(1) TBK). If you informed third parties of the authority but did not inform them of the revocation, you cannot rely on the revocation against third parties acting in good faith (Article 42(3) TBK). That is why a revocation should also be notified to the offices or institutions where the agent has been acting. The death of the principal or the agent ends the authority unless otherwise agreed or implied by the nature of the business (Article 43 TBK).

Court proceedings. Bringing and conducting a lawsuit through an agent is governed, subject to special provisions, by the rules of the law of obligations on agency (Article 72 of the Turkish Code of Civil Procedure, HMK); certain procedural steps require express authorisation in the power of attorney (Article 74 HMK).

Decision of the Court of Cassation

Yargıtay 11. Hukuk Dairesi, E. 2024/6571, K. 2025/4681, T. 30.06.2025

In proceedings to enforce (tenfiz) a foreign arbitral award, the defendant company argued that the arbitration agreement had not been signed by an authorised representative. The regional court of appeal (Bölge Adliye Mahkemesi) applied Article 30(2) MÖHUK: the law of the agent’s place of business governs, and since the defendant’s business seat was in Turkey, its managers’ authority was determined under the Turkish Commercial Code. Because the defendant had itself started the arbitration, the court treated raising this objection for the first time at the enforcement stage as an abuse of rights. The Court of Cassation (Yargıtay) upheld the regional court’s decision.

Frequently asked questions

Which law applies to a power of attorney I give my brother in Turkey from abroad?

Whether your brother’s transactions bind you towards third parties is decided under Turkish law, because the authority is exercised in Turkey (Article 30(2) MÖHUK). The form of the power of attorney is governed separately by Article 7 MÖHUK.

What happens if my agent exceeds the power of attorney?

The law under Article 30(2) also governs the relationship between agent and third party. If Turkish law applies, the transaction binds you only if you ratify it (Article 46 TBK).

Which law applies to transactions an employee makes for the company?

If the employee has no independent place of business, the law of the country where the company’s place of business is located (Article 30(3) MÖHUK).

Sources

Questions about your case

If you would like to know whether a transaction a relative in Turkey concluded with your power of attorney binds you, or how to revoke such a power, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO). It helps to have a copy of the power of attorney, a note of where it was made, and documents on the transaction the agent carried out (land registry record, bank statement, contract).