Legal defect, provisions and consequences

Legal defect is one of the defect types listed in the Turkish Code of Obligations and the Law on the Protection of the Consumer. As a matter of fact, it has similarities with the seizure in nature. We can see the legal consequences of these similarities in the articles of the Vienna Sale Contract, which are related to legal defect and seizure. Legal defect, like other defect types, can occur in the goods subject to the agreements between the parties. The main thing that distinguishes legal defect from other types of defect is that the legal defect is not due to material and economic reasons on the property, but the restrictions on the property by public law and the buyer's inability to see the benefit expected from the property. While in other types of defects, the existing defect can be eliminated with the consent of the parties, in the case of legal defect, the source of the defect is not private law relations due to the limitations originating from public law. As a matter of fact, the consent of the parties between them will not remove the legal defect. Depending on the concrete event, at the most, the issue of legally defecting the goods according to the purpose of use is negotiated between the parties, and the expectation from the goods may vary. The situation in which the legal defect is most involved is the responsibility of the third party, in which the third party has a superior right on the goods subject to sale. Separating the cases of legal defect and liability for seizure is important in terms of the consequences that will arise in the defect or liability for seizure. As a matter of fact, if these two institutions are used interchangeably, the parties to the contract may be unfairly harmed by wrong provisions. In terms of handling legal shame and restraint, they are used interchangeably, both in the doctrine and in the decisions of the Court of Cassation, depending on the concrete case. In this respect, it is necessary not to deal with concrete events only by saying the distinction between public law and private law, by specifying the issues in which legal shame and seizure are present in general terms, and these two institutions should be compared comprehensively. Keywords : Defect, Defective Goods, Legal Defect, Capture.