Günal Law Office
Att. Gurur Gaye Günal
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Nov 21, 2010

Consumer Law

In an obligatio in the sense of Law of Obligations, it is predominantly presumed that the parties are under equal or similar circumstances. The Turkish Code of Obligations is embodied within the framework of this presumption and adopted the principle of equality in the provisions regarding the parties.

Application of this basic principle of equality in all legal relationships would generate consequences that do not coincide with the principles of social justice and the rule of law. In order to regulate such legal relationships that the principles and the provisions of the Law of Obligations do not answer to and to eliminate the imbalance between the parties, the legislator enacted special codifications. One of the areas of law that regulate these special relationships is the Consumer Law.    

According to the first article of 4077 numbered Consumer Protection Law, the objectives of this law can be gathered under three main titles:

  • To take measures in order to illuminate and educate the consumer; to compensate the damages; to maintain the health, security and the economic interests of the consumer and to provide protection from outside threats.
  • To encourage the self-protection undertakings of the consumers.
  • To regulate the matters regarding the encouragement of the volunteering organizations to generate the policies concerning this issue.

As the relevant provision indicates, considering the indigence of the consumer against the producer, the legislator enacted legislation that is for the benefit of and that conserves the consumer. Moreover, considering the special property of the Consumer Law, in order to resolve disputes arising from this area, Consumer Courts have been founded.   

As an area of law that widens its scope of application and becomes subject to and increasing amount of disputes day after day, Consumer Law covers the following transactions and actions:

  • Consumer Contracts
  • Standardized terms of transactions
  • Rights provided to the consumer:
    • Elective rights
      • Annulment of the contract (refunding the price)
      • Claim for reduction in price
      • Claim for exchange of the defective good with the non-defective
      • Claim for free-of-charge repairment of the defective
    • Claim for damages
      • Claim for damages in the case of the annulment of the contract
      • Claim for damages due to breach of contract
  • Rules to be applied to the sales of the defective
  • Avoiding sales
  • Installment sales
  • Sales with campaign
  • Door step sale
  • Consumer credit
  • Protection of the subscribers to the periodicals
  • Obligation to put label
  • Liabilities of hanging lists of tariffs and prices
  • Obligation to provide guarantee
  • Obligations to sell with presentation and instructions manual
  • Obligations to give maintenance and repairment services
  • Commercial advertisements and promulgations
  • Liabilities to warn and enlighten regarding harmful and dangerous goods and services
  • Quality inspection and documentation
  • Claims to cease production and sale, and to withdraw the goods from the market
  • Penalties to be applied in case of actions violating the provisions of the 4077 numbered law

As Günal Law Office, we are always prepared to provide you with legal help and consultation regarding the problems and the disputes you may face in the area of Consumer Law.