The merchant's inability to ask for a decrease in the price and the penalty clause under the Turkish commercial code ART.22

The subject of this dissertation is the merchant's inability to ask for a decrease in the price and the penalty clause. The prohibition of requesting the reduction by merchant was regulated in Article 22 of the Turkish Commercial Code and it was ordered that the person holding the title of merchant would not be able to demand the reduction of the penalty clause and fee for a debt related to the commercial enterprise, which is a provision arising from the obligation to act as a prudent merchant regulated in Article 18/II of the TCC. In this article, the conditions of prohibition of requesting the reduction of the price and penalty clause under Article 12 of the TCC, the cases considered as numerus clausus regarding the scope of the prohibition of reduction in the Article 22 of TCC and the case in which the merchant who cannot request the reduction claims the immorality of the agreed price and penalty clause and its consequences, within the context of de lege lata and de lege feranda of the law, are main focus areas of this dissertation.