237 / 469
LAW OF OBLIGATIONS
223
As a result, an opportunity for judicial assessment is arisen for the
contracts characterized as GTT which are executed with consumers. In
that regards, the provisions of NCO regarding the matter are not new
for Turkish law system, but expand the framework for better consumer
protection.
Provisions of NCO
As it is indicated under grounds of articles of NCO, the inevitable
changing circumstances and needs of the present-day and especially
the frequent and wide-range use of such standard form and unilaterally
prepared contracts requires a demand for an explicit regulation on this
matter under Code of Obligations. Therefore, the articles with respect to
GTT are set forth under NCO as mandatory provisions across the general
provisions covering all contracts. Within this context, NCO widens the
protection against GTT, towards broader notions of equity and provides
legal opportunity to question GTT without degrading consumers against
merchants.
The provisions of NCO with respect to GTT are regulated under
articles 20-25. The current legal systems put a three-dimensional
assessment system with respect to the assessment of GTT: (i) validity
assessment, (ii) interpretation assessment and (iii) content assessment.
In General
As per article 20 of NCO, GTT is defined as “
the contract terms which
are previously and unilaterally prepared by one party with a purpose of
using them for several numbers of similar contracts and submitted to the
other party during the signing of a contract
”.
Within the context of this definition, three primary factors taken into
account:
(i) the use of contractual terms for several numbers of identical
agreements,
(ii) previously and unilaterally preparation, and
(iii) submission to the other party.