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CONSUMER LAW
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• When evaluating the unfairness of the contract terms, the balance
between the primary contractual obligations of the parties or
proportionality between the price in the contract and the real price
of goods or services shall not be taken into consideration provided
that the terms are written in plain and intelligible language.
• In case of doubt, the contract terms shall be interpreted in favor of
the consumer.
Pursuant to article 7 of the Regulation, the unfair terms in the contracts
concluded between the seller, supplier or creditor and the consumer shall
be deemed as null and void. On the other hand, the rest of the contract
shall be valid provided that it is still viable without these terms.
Article 8 of the Regulation is entitled as “judicial review” and it
stipulates that real and legal persons having legitimate interest may file
a lawsuit in order to prevent the application of unfair terms of standard
contracts. In such a case, the court decides on the necessary precautions.
An indicative and nonexhaustive list of examples of contract terms
which may be deemed as unfair is annexed to the Regulation.
Conclusion
As a consequence of amendments made to the Code No. 4077 for
the purpose of harmonizing Turkish legislation with the European Union
Acquis, a provision regarding unfair terms in contracts was inserted into
the aforesaid Code.
Pursuant to the provision, any term (i) unilaterally included in the
contract by the seller or supplier, (ii) non-negotiated with the consumer,
(iii) contrary to the requirement of good faith and (iv) causing significant
imbalance in the parties’ rights and obligations to the detriment of the
consumer is defined as unfair term.
Any unfair term included in a contract, which the consumer is a party
to, is deemed as null and void for the consumer.
Inorder todesignate the principles andguidelines for the determination
of unfair terms in contracts, which the consumer is a party to and control