Content control in general terms of transaction

The impact of industrialization and economic order in today's world has led to changes in the types and structures of contracts. The understanding of individual contracts, which arise from the mutual consultation and proposal-acceptance stages of the parties, has been abandoned, giving way to standard contract types. The need to execute multiple contracts of the same type in a short period of time has led to the emergence of the concept of general terms and conditions. The parties using standard contracts are typically strong merchants in the role of producers or operators. The party that unilaterally prepares and uses the general terms and conditions formulates these provisions in their favor and imposes them on the weaker party. As a result, to protect the weaker party against strong merchants and to balance their interests within the contract content, legal regulations regarding general terms and conditions were first implemented in European Union countries. In our law, regulations concerning general terms and conditions were introduced with the adoption of the Turkish Code of Obligations No. 6098. General terms and conditions are regulated between articles 20-25 of the TCO. This thesis addresses the definition, elements, types of scrutiny, sanctions of general terms and conditions, and the application of general terms and conditions in private law contracts made by the administration. The thesis consists of three chapters. In the first chapter, the concept, definition, historical development, elements, application, validity, and interpretation review of general terms and conditions are discussed. The second chapter focuses on content review and general terms and conditions in administrative contracts. In the third chapter, the outcomes of the inspections applicable to the general terms and conditions are explained.