Master'sOpen Access

Liability of bank in linked consumer credits

2019
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Advisor: Prof. Dr. Baki İlkay Engin

Abstract (EN)

The subject of the thesis is liability of bank in linked consumer credits. In Turkish law, the legislation about linked consumer cedits is regulated in the Law No. 6502 On Consumer Protection, Article 30. According to this: "A linked credit agreement is a credit agreement granted exclusively for the financing of a contract related to the provision of a good or service and these two contracts objectively constitute a commercial unit. Where the goods or services covered by a linked credit agreement are not supplied, or are supplied only in part, or are not in conformity with the contract for the supply thereof, the seller, supplier and creditor are liable severally if the consumer retracts from the contract or exercises the right to discount from the price." Based on the provision, it is understood that the liability of bank in linked consumer credits is arising from the law. In this context, if the consumer exercises right of choice recognized by the law, the bank has joint liability with the seller or supplier. The limits of the Bank's joint liability are defined by the law. In this study, based on the characteristics of the linked consumer credits, the legal status, the scope and restriction of the liability of bank arising from the linked consumer credit agreement are examined. Throughout the thesis the relevant legislative regulations, doctrine, comperative law data and decisions of judicial authorities is tried to be evaluated as a whole.

Author

Dr. Hava Yenice Özgöz

How to Cite

Hava Yenice Özgöz (Master Thesis). Liability of bank in linked consumer credits, 2019, İstanbul University.

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