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Consumer's right to demand discount from the sale price in proportion to the defect due to the sale of defection on the good according to Law on Consumer Protection

2022
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Advisor: Prof. Dr. Suat Sarı

Abstract (EN)

Contracting parties elicit specific executions along with drawing up a sales contract; they are supposed to fulfill some obligations as well. In this direction, while the seller puts under obligation because of unbecoming to the sales contract of the subject of a sale, the consumer has the opportunity to exercise the elective rights. The discount from the sale price right is one of these aims to equalize the difference between executions. In accordance with Law on Consumer Protection No. 6502, exercising of discount from the sale price right is not presupposed either review or notification as distinct from abrogated Law on Consumer Protection No. 4077 and Turkish Code of Obligations No. 6098. Consumers can exercise this right within the limitation period of two years. Along with the right of discount from the sale price or only, consumers may demand compensation. Even if there is no rule that restricts exercising the right in Law on Consumer Protection No. 6502, that does not mean it is absolute. As the restrictions in the Turkish Code of Obligations can be applied to consumer transactions and the right can also be restricted in good faith which is the general principle. The discount from the sale price right in proportion to the defect can be contested only against to the seller as a principle in the context of Law on Consumer Protection No. 6502.

Author

Dr. Ayşenur Duran

How to Cite

Ayşenur Duran (Master Thesis). Consumer's right to demand discount from the sale price in proportion to the defect due to the sale of defection on the good according to Law on Consumer Protection, 2022, İstanbul University.

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