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Unfair Terms in Consumer Contracts
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Att. Leyla Orak Celikboya
Introduction
The Law on Consumer Protection No. 6502 (“LCP”) was pub-
lished in the Official Gazette dated 28 November 2013 and numbered
28835. Pursuant to Art. 87 regulating entry into force, the LCP became
effective six months after its publication, on 28 May 2014 and abro-
gated the former Law on Consumer Protection No. 4077 (“fLCP”).
This amendment is aimed at ensuring coherence with European Union
legislation, enacting provisions by also taking into account the con-
sumer protection legislation of Switzerland, and establishing a frame-
work which provides for efficient protection of the consumer, includ-
ing market audits and the right to legal remedies
1
.
The novelties introduced under the LCP, defective goods and ser-
vices under the LCP have been assessed in various Newsletter articles
2
.
This article focuses on the unfair terms in consumer contracts.
General Transaction Terms in Turkish Law
In practice, enterprises providing numerous goods and services
usually prepare various contract types and form agreements, which in
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Article of May 2014
1
Draft Law on Consumer Protection, General Legislative Justification (“Justification”),
http://www2.tbmm.gov.tr/d24/1/1-0787.pdf(accessed on 20 May 2014).
2
See
Alper Uzun
, The New Consumer Law Has Entered Into Force,
http://www.erdem-
erdem.av.tr/en/articles/the-new-consumer-law-has-entered-into-force/(accessed on 30 May
2014);
Ceyda Büyükoral
, Provisions Regarding Defective Goods In The Law On Consumer
Protection No. 6502,
http://www.erdem-erdem.av.tr/en/articles/provisions-regarding-defective-goods-in-the-law-on-consumer-protection-no-6502-2/ (accessed on 30 May 2014);
Pelin
Baydar
, Provisions Regarding Defective Services In The Law On Consumer Protection No.
6502,
http://www.erdem-erdem.av.tr/en/articles/provisions-regarding-defective-services-in-the-law-on-consumer-protection-no-6502/ (accessed on 30 May 2014).