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Consumer protection on distance contracts

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2008
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Advisor: Prof. Dr. İhsan Erdoğan

Abstract (EN)

Technological developments has led to emerging of new methods in the marketing of goods and services. Such that, seller/supplier and consumers can conclude an agreement through the means of distance communication even without coming together. These agreements called distance contract within its? unique foundation technique context and taking place among the consumer agreements increasingly have become prevalent.However, in accordance with the structure of the distance contracts, consumers face the risk of not being satisfied about whether seller/supplier or good or service mentioned in the agreement. In order to eliminate this danger and to make the consumers to join the distance contracts, law-makers made specific arbitraments peculiar to these agreements. About this issue, particularly Distance Contracts Directive of EU have been resource for the arrangements concerning the issue for many countries.In the Turkish law, a specific regulation about distance contracts was made through the 9/A Article of 4822 numbered ?Law on the Making Change with Consumer Protection Act? accepted on 06.03.2003. However, detailed arbitraments about the issue are in the Regulation About the Distance Contracts Application Procedure and Principles accepted on 14.06.2003.Unfortunately, when this regulations concerning the distance contracts in Turkish law were made, some conradictional arbitraments or arbitraments which are contrary to the structure of the institution were made due to the carelessness and/or hastiness of the law-maker. Additionaly, in the regulation of Consumer Protection Act made in December of 2003, neither regulations in the Electronic Commerce Directives nor arbitraments of the Directive on the Financial Services Offered to the Consumer Through Distance Sale were considered. This is a big deficiency in terms of Turkish law having the assertion of making its? legislation to align with EU law.Drawing of the legal framework of the Electronical Commerce and removing the incoherences and deficiencies are needed in order to full and effective protection of consumers in the distance contracts in the very near future.

Author

Abdulkerim Yıldırım

How to Cite

Abdulkerim Yıldırım (Doctorate thesis). Consumer protection on distance contracts, 2008, Gazi University.

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