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should rightfully expect within the scope of the goods or services
presented to him, or which are within the scope of the legal liabilities
and expenditures incurred on personal benefits of the contract preparer.
It is accepted that, by the reason of the transactions concluded by the
consumer, only a bond to the name and separately for each installment
payment can be prepared as a negotiable instrument, however bonds
prepared in contravention of the provisions of this paragraph shall be
invalid from the point of view of the consumer. In consumer transactions,
personal guarantees received against the obligation of the consumer shall
be considered as simple surety; personal guarantees with regards to the
claims of consumers given by the opposing party shall be considered as
joint and several (consecutive) surety, unless otherwise provided by any
other laws. Hereinafter, it is prohibited to apply compound interest on
consumer transactions, even in default situations.
A Consumer’s Right to Legal Remedies
A Consumer’s Right to Legal Remedies is also provided for in the
Law differently than in the former Law. Several regulations concerning
the Arbitral Commission for Consumers and the Consumer Courts are set
forth, proving that Consumer Organizations will be able to file a lawsuit
that Consumers cannot usually file separately.
In Article 73 of the law, “consumer courts” are regulated. Accordingly,
consumer courts are incumbent upon lawsuits related to litigation arising
from Consumer transactions and practices directed at the consumer.
In Article 68 of the law, the basis for application to the “Arbitral
Commission for Consumers” and some innovations are brought. Thus, it
is compulsory to apply to the district arbitral commission for consumers
for under an amount of two thousand Turkish liras, the provincial
arbitral commission for consumers for disputes under an amount of
three thousand Turkish liras, and in provinces under the statute of the
metropolitan municipality between the amounts two and three thousand
Turkish liras. No application to the arbitral commission for consumers
shall be for disputes exceeding the aforementioned amounts.
The decisions of the arbitral commission for consumers are made in
accordance with the provisions of the Enforcement and Bankruptcy Law