Many new concepts that previously took place in high judicial decisions and doctrine have legislated and have strengthened in practice with entry into force of the TBK No. 6098. General transaction terms given justification in numerous decisions of the Supreme Court is also a concept that didn’t take place in the BK No. 818. However, in terms of consumer contracts, control of general transaction terms have been regulated in TKHK No. 4077 amended by Act No. 4822. Therefore, it was also possible that general transaction terms are controlled under the control of unfair terms before enforcement of TBK. The Supreme Court has evaluated unilateral disposals that are in the contractual regulations imposed unfairly as 'unfair terms’ and has accepted 'unfair terms' as invalid. The same decisions that are about many disputes transferred to the Supreme Court have been repeated. The Supreme Court decisions have based on the contractual parties that are in unequal status. On the other hand, in terms of consumer contracts in TKHK No. 4077's provision (A. 6) regulating unfair terms has been regulated comprehensively within the TKHK No. 6502 (A. 5). Similarities and differences with each other of the law relating to the topic will be discussed in this study. In terms of contracts that are not consumer transactions, general transaction terms expressed in TBK (A. 20-25) will also be examined. Besides, the requirements of our age will be assessed by limiting our legislation's concerning section. Keywords Turkish Code of Obligations, General transaction terms, Unfair term, Consumer Protection Act, Consumer transaction, Contract, Standard form contract, Consumer contract.
Tez (Yüksek Lisans)- Süleyman Demirel Üniversitesi, Sosyal Bilimler Enstitüsü, Özel Hukuk Anabilim Dalı, 2014.
Kaynakça var.
Many new concepts that previously took place in high judicial decisions and doctrine have legislated and have strengthened in practice with entry into force of the TBK No. 6098. General transaction terms given justification in numerous decisions of the Supreme Court is also a concept that didn’t take place in the BK No. 818. However, in terms of consumer contracts, control of general transaction terms have been regulated in TKHK No. 4077 amended by Act No. 4822. Therefore, it was also possible that general transaction terms are controlled under the control of unfair terms before enforcement of TBK. The Supreme Court has evaluated unilateral disposals that are in the contractual regulations imposed unfairly as 'unfair terms’ and has accepted 'unfair terms' as invalid. The same decisions that are about many disputes transferred to the Supreme Court have been repeated. The Supreme Court decisions have based on the contractual parties that are in unequal status. On the other hand, in terms of consumer contracts in TKHK No. 4077's provision (A. 6) regulating unfair terms has been regulated comprehensively within the TKHK No. 6502 (A. 5). Similarities and differences with each other of the law relating to the topic will be discussed in this study. In terms of contracts that are not consumer transactions, general transaction terms expressed in TBK (A. 20-25) will also be examined. Besides, the requirements of our age will be assessed by limiting our legislation's concerning section. Keywords Turkish Code of Obligations, General transaction terms, Unfair term, Consumer Protection Act, Consumer transaction, Contract, Standard form contract, Consumer contract.