Audit of the usage of general terms and conditions against the rule of good faith with unfair competition law

Regulations about unfair competition law aim to ensure that market participants can compete honestly and to prevent market behavior contrary to this. For this purpose, unfair competition law, which has to keep up with the current situation in the economic field, therefore shows a constantly changing and developing behavior. With the industrial revolution in the 19th century, speeding up commercial activities in many areas, especially in production. Thus expanded the customer networks of businesses that offer goods and services, and increased mobility in the market. With this development, general terms and conditions have become an indispensable element of commercial life. General terms and conditions, which are used frequently in the economic field and give the user the advantage uncontrollably, it may lead to deterioration of competition in the economic field. For this reason, about the general terms and conditions that pose to the economic field and leave one party weak in the legal relationship, several regulations have been added to the legislation in the domestic law of many countries, especially Continental Europe. With the become prevalent usage of general terms and conditions in our country, especially in sectors such as banking, insurance, leasing, and transportation, the legislation on the subject has begun to be established. The essential regulation on general terms and conditions is included in the Turkish Code of Obligations No. 6098, which enter into force in 2012. Mainly along with this law, which contains regulations and audits in terms of contract law, ın the Turkish Commercial Code No. 6102, which entered into force in the same year, the usage of general terms and conditions against the rule of good faith is regulated as unfair competition. In our thesis study, in case of general terms and conditions which are stipulated in the Turkish Code of Obligations are used contrary to the good faith, how it can be an audit by unfair competition provisions and which sanctions will be enforced discussed. Keywords: Good Faith, General Terms and Conditions, Unfair Competition, Sanction