Author
İçel, Kudret Can
Publication Date
2014
Subject
Deficiency, Defective goods, Motor vehicles, Sales contracts, Movables, Consumer complaints, Consumer Protecting Law, Consumer protection
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
c62d7325-41ff-4e7e-b42d-93747eea5b18
Library Location
Department of Private Law
Date
2014
Sample Text
The subject of our study is to examine the seller's liability provisions arising from defects and the optional rights arising in favor of the buyer in case the goods are defective, especially in the automotive sector. While examining the defect provisions, both ordinary and commercial sales and consumer sales were taken into consideration, and where necessary, rules specific to consumer sales were included. On the other hand, efforts have been made to include as much as possible the innovations brought by the new Consumer Protection Law No. 6502, which was published in the Official Gazette dated 28.11.2013 and entered into force as of 28.05.2014. Although our study includes theoretical explanations for all movables, motor vehicles are specifically focused on, and our explanations are concretized by revealing the disputes encountered in practice regarding motor vehicles and presenting examples from court decisions. Likewise, detailed evaluations were made only in terms of certain types of defects such as airbags and paint problems, which cause disputes in terms of motor vehicles and are the subject of many lawsuits in practice. In addition, the problems and uncertainties experienced in the execution of the decisions to replace the goods with a non-defective one or refund the sales price regarding defective claims arising from motor vehicles were touched upon, and the method of comparing the doctrinal opinion and the Supreme Court decisions was adopted on this issue., The main goal of this study is to evaluate the rules on seller's liability and buyer's rights if the purchased good is considered to be defective, especially from the perspective of the automotive industry. While evaluating the rules on defective goods, both ordinary/ commercial and consumer purchases have been taken into account, also emphasizing the specific rules designed for consumer purchases whenever neccessary. The new rules accepted by The Consumer Protection Code No: 6502 which was published in the Official Paper on 28.11.2013 and has come in effect as of 28.05.2014 have also been mentioned to highlight the differences between the current and the new Codes. Although our study includes theoretical explications on all kinds of moveable goods, the motor vehicles have been specifically analyzed through detailed inspection of practical disputes and all subjects have been solidified with examples of court decisions. Also, many complaints that are unique to motor vehicles such as air-bag deployment issues or paint problems have been separately reviewed. Buyer's demands to replace the defected vehicle with a substitute or to annul the agreement cause many practical problems which have also been emphasized by comparing the doctrine opinions with the Supreme Court Of Appeals decisions.
