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Seller?s pre-contractual duty of disclosure (Pre-contractual information duty) in consumer sales and its consequences

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2010
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Abstract (EN)

The subject of our thesis is ?Seller?s Pre-Contractual Duty of Disclosure (Pre-Contractual Information Duty) in Consumer Sales and Its Consequences?. This thesis consists of three parts. In the first part, it has been dealt obligation, burden and duty by explaining the differences of it, too. Pre-contractual duty of disclosure is accrued before the phase of conclusion of the contract as being understood. The phase of contract is subject with discussion by different aspects as seen in our thesis. By that reason, the concept and variety of duty has been analysed by also dealing these discussions, at first hand, the features of duty of disclosure have been determined. Upon the kind of pre-contractual duty of disclosure and the juridical bases has been analysed. Pre-contractual duty of disclosure is accrued from provision of law or the principle of good faith. Pre-contractual duty of disclosure due to the principle of good faith or the conditions of involves to inform addressee have dealt with under the title of the conditions of pre-contractual duty of disclosure.In the second part, it has been examined consumer transaction initially and consumer sales, consumer protection, the reasons and the methods of consumer protection. Pre-contractual duty of disclosure is one of the methods of consumer protection. As a matter of fact it has been analysed pre-contractual duty of disclosure within the frame of consumer sales in Consumer Protection Act. These are pre-contractual duty of disclosure due to provision of law.In the third part, the kinds and the consequences of breach of duty of pre-contractual duty of disclosure have been dealt. The breach of duty of pre-contractual duty of disclosure can be caused unintentional differences of consent, in our thesis it has been classified according as the contract is cancelled or not. Within the frame of pre-contractual liability has been also analysed in an other title. The last title of this part it has been examined the special results of breach of duty of pre-contractual duty of disclosure in Consumer Protection Act.

Author

Özge Erbek

How to Cite

Özge Erbek (Doctorate thesis). Seller?s pre-contractual duty of disclosure (Pre-contractual information duty) in consumer sales and its consequences, 2010, Dokuz Eylül University.

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