The concept of commercial affairs and interest in commercial transactions

The determination of the quality of commercial affairs plays a key role in de-termining the provisions of the law to be applied. While the affairs that have these features are subject to the commercial provisions, in particular to the Turkish Commercial Code numbered 6102; ordinary affairs shall be subject to the general provisions especially to the Turkish Civil Code numbered 4721 and to the Turkish Code of Obligations numbered 6098. This difference in the applicable provisions of the law indicates itself in terms of the emergent results. One of the most im-portant of these can be highlighted as the scope of application relating to the re-strictions on the interest rates, which is a matter of question in both the decisions of the Supreme Court and the literature. It can be observed that the provision of 8/1 of the Turkish Commercial Code liberalises the interest rates; however, the provisions of 88 and 120 of the Turkish Code of Obligations impose some restrictions on the interest rates. What is interesting at this point is the consequence of limits on the interest rates partake of consumer transactions. In this study, as the beginning, the concept of commercial affairs has been discussed; and then the interest in general and the interest in commercial transaction has been emphasised; and last but not least, the provisions to be applied on the interest rates as part of the differences be-tween the commercial and consumer transactions have been analysed and evaluated.