Master'sOpen Access

According to law on protection of consumer unfair terms

2007
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Advisor: Doç.dr. Cemal Oğuz

Abstract (EN)

After serial and mass production, which arose as a result of industrialrevolution, there have been some amendments on contracts, and besidescontracts of classical law of obligations, a new contract model calledstandard contract has come up. Since contracts are being printed and therehave been vertiginous developments in business life, no opportunity tonegotiate contracts is present, and consumers have been forced to concludecontracts under the provisions imposed by sellers, vendors or credit grantors.Standard contracts and individual contracts have been treated in the sameway for a long time and disputes arising out of such contracts have been triedto be solved according to rules of individual contracts law. However, becausesaid contract law was inadequate, consumers, for whom there are provisionsin the Constitutional Law on protection, have been unprotected.Eventually, thanks to amendment to the 6. Article of the Law onProtection of Consumer in 2003, opportunity to audit unfair terms ofconsumer contracts has been introduced.Unfair terms of consumer contracts are contractual provisions and it isvery important to make such terms be subject to administrative controls andthen judicial controls for protection of consumer.In case of doubts in both judicial controls of unfair terms andcompletion of contracts, making predominance in favor of consumer is muchmore suitable for spirit of the law.

Author

Selçuk Yavuz

How to Cite

Selçuk Yavuz (Master Thesis). According to law on protection of consumer unfair terms, 2007, Gazi University.

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