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An investigation on the problem of whether investors operating in the capital market can be protected under the law on consumer protection.

Title	An investigation on the problem of whether investors operating in the capital market can be protected under the law on consumer protection.
Author	Ozer, Işık
Publication Date:	2018
Publication Place	- Banking and Commercial Law Research Institute
Subject	Capital market law, Individual investor, Institutional investor, Qualified investor, Protection of investors, Consumer, Consumer protection, Consumer transaction, Capital market law, Individual investor, Institutional investor, Qualified investor, Investor protection, Consumer, Consumer protection, Consumer transaction
Type	Periodical
Language	Turkish
Digital	Yes
Manuscript	No
Library:	Özyeğin University
Library Asset ID	1300-1396
Record ID	9fce106f-d09a-41a3-a437-ff68ff2d97c9
Library Location	Law
Date	2018
Sample Text	The dramatic increase in the participation of ordinary citizens in the capital market, especially since the mid-1980s, has created an obligation for investors trading in the capital market to be considered a separate consumer group and to be subject to consumer protection policies. As a result, provisions reflecting consumer protection policies began to be added to contemporary capital market law regulations for the first time. In Turkish law, there is no clear capital market regulation that paves the way for investors to be considered "consumers". For this reason, whether investors can be considered "consumers" in the technical sense and whether they can benefit from consumer law protection should be determined based on the provisions of the Law on Consumer Protection. Consumer transactions within the scope of the law are all kinds of legal transactions established between the consumer and the seller or provider (Article 3/1/l clause). In order to determine whether the transactions made by investors in the capital market are in the nature of "consumer transactions", in our study, an evaluation was made about whether the investors have the title of "consumer", whether the counterparty with whom they transacted is considered "seller" or "supplier", and whether the subject of their transactions falls within the scope of the Law on Consumer Protection. As of the mid-1980s, there has been a dramatic increase in the number of ordinary citizens trading in the capital market, a fact which necessitates a redefinition of those investors in the capital market as a new category of ‘consumers’ as subjects in the politics of consumer protection. As a result of this, it became necessary to incorporate new regulations into the law of the consumer protection so the articles in modern capital market started, for the first time, to be banned. In the Turkish law, however, there has not been any regulations in the law of capital market that regard the investors as ‘consumers’. This paper purports to study if these investors technically can be considered as consumers on the basis of the regulations of “the Law on Consumer Protection”. Consumers' transactions, in this context, comprise all kinds of legal transactions between the consumer and the seller or the supplier (article 3/1). Consequently, one needs to establish the transactions of the investors in the capital market as “the consumer's transaction”; and the investor as “the consumer”; the other party as “the seller” or “the supplier” in this trade.
Cilt	34

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Özyeğin University

An investigation on the problem of whether investors operating in the capital market can be protected under the law on consumer protection.

Author Ozer, Işık

Publication Date 2018

Publication Place - Banking and Commercial Law Research Institute

Subject Capital market law, Individual investor, Institutional investor, Qualified investor, Protection of investors, Consumer, Consumer protection, Consumer transaction, Capital market law, Individual investor, Institutional investor, Qualified investor, Investor protection, Consumer, Consumer protection, Consumer transaction

Type Periodical

Language Turkish

Digital Yes

Manuscript No

Library Özyeğin University

Library Asset ID 1300-1396

Record ID 9fce106f-d09a-41a3-a437-ff68ff2d97c9

Library Location Law

Date 2018

Sample Text The dramatic increase in the participation of ordinary citizens in the capital market, especially since the mid-1980s, has created an obligation for investors trading in the capital market to be considered a separate consumer group and to be subject to consumer protection policies. As a result, provisions reflecting consumer protection policies began to be added to contemporary capital market law regulations for the first time. In Turkish law, there is no clear capital market regulation that paves the way for investors to be considered "consumers". For this reason, whether investors can be considered "consumers" in the technical sense and whether they can benefit from consumer law protection should be determined based on the provisions of the Law on Consumer Protection. Consumer transactions within the scope of the law are all kinds of legal transactions established between the consumer and the seller or provider (Article 3/1/l clause). In order to determine whether the transactions made by investors in the capital market are in the nature of "consumer transactions", in our study, an evaluation was made about whether the investors have the title of "consumer", whether the counterparty with whom they transacted is considered "seller" or "supplier", and whether the subject of their transactions falls within the scope of the Law on Consumer Protection. As of the mid-1980s, there has been a dramatic increase in the number of ordinary citizens trading in the capital market, a fact which necessitates a redefinition of those investors in the capital market as a new category of ‘consumers’ as subjects in the politics of consumer protection. As a result of this, it became necessary to incorporate new regulations into the law of the consumer protection so the articles in modern capital market started, for the first time, to be banned. In the Turkish law, however, there has not been any regulations in the law of capital market that regard the investors as ‘consumers’. This paper purports to study if these investors technically can be considered as consumers on the basis of the regulations of “the Law on Consumer Protection”. Consumers' transactions, in this context, comprise all kinds of legal transactions between the consumer and the seller or the supplier (article 3/1). Consequently, one needs to establish the transactions of the investors in the capital market as “the consumer's transaction”; and the investor as “the consumer”; the other party as “the seller” or “the supplier” in this trade.

Cilt 34