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LAW OF OBLIGATIONS
227
- whether the relevant terms are mutually negotiated?
Article 25 of NCO regarding content assessment does not include a
sanction but only sets forth that those kinds of terms cannot be set forth
under the contract. On that basis, it is possible to reach the conclusion that
the contract terms which are contrary to this provision will also be deemed
as not-included in the agreement as it is under validity assessment.
Conclusion
Freedom of contract is strictly linked with a healthy competition
environment and the existence of a power balance between the parties
of a contract. So that the legal provisions on GTT is an example of
interruption of law to the freedom of contract when the power balance is
deformed against one the parties and aims providing the contract justice.
As is known, due to technological developments and accelerating
everyday life, GTT is being used in every area of life. Therefore, it is a
positive progress that the assessments with respect to GTT are set forth
in NCO without differentiating consumers and merchants. However, it
should be considered that against the standard form contracts containing
GTT, the other party does not always need protection and it should be
given importance to the evaluation of the situation case by case.