NEWSLETTER 2011
250
of such terms for the protection of consumers, Regulation had been
prepared and entered into force by the Ministry of Industry and Trade.
The Regulation entitled real and legal persons having legitimate
interest to file a lawsuit in order to prevent the application of unfair terms
of standard contracts.
Furthermore, as an annex of the Regulation, contract terms which
may be deemed as unfair is listed. However, the list is indicative and
nonexhaustive.
In the light of the above information, the terms included in a contract,
which the consumer is a party to, shall be in compliance with article 6 of
the Code No. 4077 and the Regulation. Otherwise, it can be argued that
the terms shall not be binding upon the consumer.