Acting Without Authorization

Acting Without Authorization – Lawyer in Izmir

Getting the job done

Acting without authorization can be defined as a situation where a person performs a task on behalf of or in place of the employer without having any representation authority, responsibility, or obligation. For example, someone repairing another person's wall without their knowledge or request is a good example of this.

Acting without authorization is defined in our legal framework. Turkish Code of Obligations This is regulated in Articles 526 and subsequent articles.

Anyone acting on behalf of another without authorization is obligated to perform that act in the best interest of the owner and in accordance with their presumed will. (Article 526)

What are the types of acting without authorization?

In legal doctrine, unauthorized agency is generally examined under two headings: genuine unauthorized agency and fictitious unauthorized agency. Genuine unauthorized agency is further divided into permissible and impermissible categories; fictitious unauthorized agency is also divided into good faith and bad faith categories.

• Acting Without a True Authorization
  • Permissible
    If an employee performs a necessary task for the employer without being authorized or obligated to do so, acting in the employer's best interest and in accordance with their presumed will, and if the act of performing the task does not violate a valid prohibition by the employer, then we can speak of a permissible and genuine agency without authorization.
  • Forbidden
    If the employee's intervention is not necessary for the employer's benefit, or if the employee intervenes despite a valid prohibition by the employer, then this constitutes an unauthorized agency that is not permissible.
    
• Unauthorized Agency
  • Bona fide
    If an employee, unaware or not obligated to know that they are interfering in another person's legal affairs, benefits from this interference, it constitutes acting in good faith but without genuine authorization.
  • Malicious
    When an employee interferes in another person's legal affairs and unfairly and maliciously uses their business for their own benefit, this is called malicious, untrue, and unauthorized agency.

Responsibility

Under the law, a person acting without authorization is primarily held responsible for all negligence and defects; however, certain exceptions have been made to this rule.

An employee working without authorization is liable for all negligence. However, their liability is considered less severe if they performed the work to remedy the damage or risk of damage faced by the employer. If the employee performed the work despite the employer's explicit or implicit prohibition, and the employer's prohibition was not contrary to law or morality, the employee is also liable for unforeseen circumstances. However, the employee is relieved of liability if they can prove that the damage would have occurred as a result of unforeseen circumstances even if they had not performed the work. (Article 527)

Employee's Incompetence

If an employee lacks legal capacity to enter into a contract, they are liable for the transaction only to the extent of the enrichment they have suffered or the amount of enrichment they have disposed of without acting in good faith. The broader liability arising from torts remains reserved. (Article 528)

If the work is done in the interest of the employer

If the work is done for the employer's benefit, the employer is obligated to reimburse the employee, with interest, all expenses deemed necessary and beneficial according to the circumstances, to perform the obligations undertaken in connection with the work, and to compensate for any damages as determined by the judge. This provision also applies to the employee who has exercised due diligence in performing the work, even if the expected result has not been achieved. If the employee is unable to recover the expenses incurred, he/she has the right to claim them in accordance with the provisions of unjust enrichment. (Article 529)

If the work is done in the best interest of the employee

The employer has the right to receive the benefits arising from the work, even if it was not done for his own benefit; however, to the extent that he becomes wealthy, he is obliged to pay the worker's expenses and relieve him of his debts. (Article 530)

If the Employer deems the job suitable

If the work performed without authorization is accepted by the client, it is treated as if the work had been requested by the client, and the provisions regarding agency regulated in the laws apply. (Article 531)

References
Turkish Code of Obligations
Acting Without Authorization – Ümmühan KAYA, Doctoral Thesis (Ankara 2020)

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