365 / 521
Art. 8 Regulation regulates the inspection of unfair terms. The
Ministry will grant thirty days, which may be extended to ninety days
if necessary, in order for the removal of unfair terms in contracts draft-
ed for systematic use. The party drafting the contract must notify the
consumers explicitly, in writing or via electronic means, that the unfair
terms are invalid and inapplicable. Upon this notification, unfair terms
in consumer contracts will be deemed removed. In case of failure to
remove unfair terms from the contract within the time period specified
by the Ministry, an administrative monetary fine of two hundred
Turkish Lira shall apply for each contract pursuant to art. 77/2 LCP.
Conclusion
The fLCP provided the initial legal framework for general transac-
tion terms by regulating unfair terms in consumer contracts. However,
as general transaction terms cause material problems, not just for con-
sumers but also for merchants, the TCO regulated general transaction
terms governing all types of contracts. In order to establish an efficient
method of consumer protection, the LCP provides for a more detailed
provision governing unfair terms in consumer contracts. Thus, the LCP
aims to enforce the rights of the consumer, who usually has to choose
between accepting the unilaterally prepared terms and renouncing the
contract as a whole. Unfair terms resulting in an imbalance between
the parties to the detriment of the consumer and in violation of the
good faith principle are invalid, however the remainder of the contract
shall continue to be effective. The counterparty may not request to not
be bound by the contract in the absence of the unfair term.
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