Medeni usul Hukukunda tüketicinin korunması
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Date
2003
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Sosyal Bilimler Enstitüsü
Abstract
The term "consumer" represents a group, which acts without commercial or professional concerns, enters into legal transactions for personal needs, confronts some difficulties in meeting the needs because of economic, social, technological developments and free-market rules and has little information and experience about purchasing. After the industrial revolution, the development of technology resulted in significant changes in economic activities, which brought new legal transactions as well as new breaches of law. All these developments made effective protection of the consumers more important. In order take the necessary measures to meet the needs of the consumers and encourage the initiatives aimed at the prevention of the consumers, The Law on the Protection of the Consumers is enacted and entered into force in 1995. This Law is later amended by the Law no. 4822 taking into consideration the objectives of development plans, EU process, the developments in social and economic area, the irregularities regarding the eight-year implementation period of the Law and better protection of the consumer. Effective protection of the consumers requires immediate compensation of the harm. Concerning settlement of disputes between consumers and suppliers, arbitration committees are established. After the amendment of the Law no. 4822, arbitration committees are authorized in all disputes between consumers and suppliers. Moreover, applying to arbitration committees became obligatory in the disputes of a certain amount. Besides arbitration committees, special consumer courts are established in order to settle the disputes fast and easily. Justice has in mind a proportional equity concern for everyone. However, in a transaction in which a consumer is involved, with some social reasons, consumers are favored and the interest balance is obviously disregarded for the wealth of consumer.
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Hukuk