The legal liability of the producer in Turkish and European Union consumer law

Due to the fact that the foundation stage of European Community coincided with the period when the EC member States have recently begun making legislations about the customer rights in their domestic laws, there is no directly attribution about the keeping the customer rights in the Community founding treaties. The Community has aimed at the adaptations of legislations about protecting the consumer rights, besides the liabilities of the producers in the EC member States during the transition period. Besides the Community legislation is not including detailed rules in terms of consumer laws, and the Community has transferred detailed legislations to the domestic laws of EC member States by drawing the legal outline. By the way, the directives, published in recent years, have put forward new rules about the origin which can be adapted difficultly to their national legal systems. National arrangements will remain in effect and consumer rights will be put in order as long as they are not conflicted with the Community legislations. As for Turkey, since the very first days of 1970s, with the duties, performed, and in terms of the its approaches to the consumer laws and by method of counting the consumer policy, Turkey has gone ahead(reached an advanced level). Law on the Protection of Consumers, legislated in the date of 8th September 1995, has brought new regulations such as the extension the period of the utilization of the consumers? rights, asking free repayment and foundation of consumer court. Besides bringing new regulations, Law on the Protection of Consumers has not repealed the entire ex-laws, Code of Obligations will be in effect in such cases which has not included in a regulation of Law on the Protection of Consumers. By transferring the execution of law and auditing duties the only department, Ministry of Industry and Trade, it has proved how it?s attached importance to the application of the laws. Especially, the fact that generally and indisputably acceptance of the principle of the producer?s flawless responsibility against the consumer in Community Law and there has not been a special regulation in our National Programme, has caused to the necessity of examination in terms of Council Regulations dated back to 1985. In this thesis study, it is made an introduction with a general vision to the consumer rights under European Community Structure. The appearance and the development stages of the Consumer Rights both in EC and in Turkey have been described and then, come close to the responsibilities of the producer. The legal responsibility of the producer has been comparatively examined in detail in the light of the description of producer and product in terms of both EC Laws and Turkish Laws.