Resiliation of consumer sale contracts due to the defection of movable goods

The seller?s responsibility for the defect is one of the most important legal matters regarding the protection of the consumer in consumer sales. In the event that a defective good is sold, the consumer has optional rights such as demanding the replacement of the good, asking for repair, partial refund or cancellation, and an additional entitlement to claim damages. The consumer may use any of these rights within the limitations of the Law.The objective of giving optional rights to the consumer is to reestablish the equality between the parties that was harmed when the defective good was delivered, because the original sum in the sale contract concerns a good without defect. The right of cancellation is one of these rights which serve this purpose. However, this right is of particular importance due to its legal attributes and consequences. The purpose of the right of cancellation is to reestablish the status prior to the contract. Therefore, the contract does not result in fulfillment when the right of cancellation is exercised. Since the cancellation of the contract eliminates the problem by means of totally dismissing the purpose of the sale contract, it is not a desirable solution as far as contract law is concerned. The rescission of the contract contradicts with the buyer?s expectation of obtaining a faultless good in return for a certain payment, and thus prevents the execution of the pursued goal. For that reason the usage of the right of cancellation is limited by means of certain procedures.In regards to the sale of movable goods, the relationship between the consumer?s rights resulting from the warranty certificate and the rights resulting from the defect is also significant. According to the Law on the Protection of Consumers, if the consumer uses the right of repair first, the usage of other rights including the right of cancellation is dependent on some other conditions.As the right of cancellation affects the contract relationship between parties, it can only be used against the other party.When the right of cancellation is used, the contract relationship between the parties is transformed into a relationship of liquidation. Within the framework of this new relationship, the parties are bound to return payments and goods, and they are also freed from their due obligations. However, the application of the law during liquidation, compensating the consumer for all the expenses incurred for the defective good, and the liability of the damages caused by defective good delivery are among the most heavily debated topics in the Law of Obligations.