Haksız Rekabet Hukuku Bakımından Genel İşlem Şartları (Standardized Terms of Contracts in Point of the Law of Unfair Competition)


YÜCE A. A.

Türkiye Adalet Akademisi Dergisi, vol.1, no.10, pp.183-204, 2012 (Other Refereed National Journals)

  • Publication Type: Article / Article
  • Volume: 1 Issue: 10
  • Publication Date: 2012
  • Title of Journal : Türkiye Adalet Akademisi Dergisi
  • Page Numbers: pp.183-204

Abstract

The positive law that is changing in accordance with the social changes and developments, fronts us with its new legal concepts. The Turkish Code of Obligations Nr. 6098 and The Turkish Code of Commerce Nr. 6102 which became effective at 1st of July 2012, have new concepts which are not included by the codes, those are not satisfying the social requirements after a long time, numbered 818 and 6098. The subject that we are going to examine in the scope of the study is one of those reforms, adhesive contracts, standardized terms of contracts and the consequences of those concepts in the law of unfair competition. Standardized terms of contracts first took place in Turkish Consumer Protection Law Nr. 4077 but the legislative needed to regulate the standardized terms of contracts in a seperate general code while considering the specialization in law and diverging from supplementary rules are againist the consumers and cause unfair competition. In this sense, standardized terms of contracts will be deemed unwritten when those articles violate the terms of the new Turkish Obligation Code. And also these terms could cause unfair competition because of their competition-restricting effects. Keywords: Competition law, unfair competition, standardized terms of contracts, adhesive contacts, consumer protection law.