THE PLACE OF UNREAL ACTING WITHOUT AUTHORITIY IN THE SYSTEMATIC CODE OF OBLIGATION AND STATUS OF 2020 SW？TZERLAND DRAFT OF OBLIGATIONS

Agency without authority is regulated in the Second Division Turkish Code of Obligations, entitled “The Specific Contractual Relations” (pp. 526-531). Agency without authority is classified as “real” and “unreal”. The business conducted in accordance with the owner’s interests and presumed intentions is considered real agency without authority. In addition to this, the conducted business shall not be contrary to the prohibitions of the principal. If the agent conducts the business of the principal unjustly and maliciously on his own interests, there is unreal agency without authority. The liability of the agent in real agency without authority bases on quasi-contract. On the contrary, the agent in unreal agency without authority is liable on the grounds of quasi-tort to the principal for his agency activities. It would have been more appropriate to handle the unreal agency without authority by itself as a source of obligation in the First Division of the Turkish Code of Obligations, entitled “General Provisions” (further after act of unjustice). Unreal acting without authority is regulated in the general division in 2020 Switzerland Draft of Obligations. But there are many of critics can directed against this systematic of the Draft