Master'sOpen Access

Performance on distance contracts within the context of 48th clause of The Law on the Protection of Consumer no 6502.

2019
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Advisor: Dr. Öğr. Üyesi İlknur Serdar

Abstract (EN)

With developments in technology consumers tend to prefer distance contracts more and more every passing day. One of the largest reasons for this is the fact that consumers can reach the goods or services they desire by investing less time and effort with distance contracts. Distance contracts are established by means of remote communication. As the parties do not physically and simultaneously come face to face, performance of actions under these contracts become critical. As a matter of fact, most of the time the seller relies on assistance of a third party, mostly cargo companies in practice, to deliver the goods subject to the contract, and the buyer fulfils their payment obligations by various means of payment. The lawmakers separately regulate the time of performance, specifying a maximum period of time for sale of goods for the seller or supplier under distance contracts in order to protect the consumer making payment under a distance contract. As a matter of fact, the maximum ten days of extension of term of performance specified for sellers and suppliers under Consumer Protection Law numbered 4077 was abolished under Consumer Protection Law numbered 6502. In addition, the Regulations on Distance Contracts include provisions positive in regard of the consumer who occupies a weaker position in comparison to the seller and the supplier, by specifying that in case the seller or the supplier falls into default on their obligations, the consumer is explicitly entitled to cancel the contract and as a rule the liability for any damage will be charged to the seller's account.

Author

Dr. Betül Tançağı Çetin

How to Cite

Betül Tançağı Çetin (Master Thesis). Performance on distance contracts within the context of 48th clause of The Law on the Protection of Consumer no 6502., 2019, Dokuz Eylül University.

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