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    DISPUTES ARISING FROM THE NON-COMPETE AGREEMENT BETWEEN EQUITY COMPANIES AND SENIOUR MANAGERS AND COMPETENT COURT
    (Kırıkkale Üniversitesi, 2024) Meral, Nevin; Erzurumlu Işık, Nurbanu
    In Turkish company law, there exists an organic relationship between the board of directors and managers, along with all other executive managers who are transferred the authority to manage and represent the company. However, there exists a longstanding debate in the literature over the legal nature of this relationship between the individual manager and equity companies. Determining the legal nature of this relationship becomes very important as to the determination of applicable rules to possible conflict among them. The concept of senior manager is not defined in the Turkish Commercial Code no. 6102 (TCC) and is also having been debated in the literature. It can be said that the senior managers consist of members of board of directors and managers as well as all managers to whom executive and management authority have been granted and transferred in accordance with law. Non-competition provisions regulated in codes are undoubtedly valid only during the period that managers occupy those positions in the companies. Nevertheless, parties can conclude non-compete agreement or determine a non-competition clause in their main and underlying contract, effective after the termination of the underlying contract. In case of a dispute arising out of the violation of this contractual competition prohibition, the legal nature of this dispute remains unclear along with the competent court that this dispute should be heard before. In our opinion, this dispute does not constitute to a commercial case since it is based on mixed contracts; not on art. 444 et seq. of the Turkish Code of Obligations no. 6098 (TCoO). As a result, even if this dispute should be heard by main civil courts de lege lata, main commercial courts should be competent to hear this dispute de lege ferenda.