The Relationship Between Defective Goods and Homogeneity Assumption in the Context of Consumer Law: The Right to Request a Price Reduction in Proportion to the Defect

It is well-known that perfectly competitive market, as theoretically modeled in economics, has a fictional nature due to its reliance on certain assumptions. Moreover, it is observed that these assumptions do not align with the realities of life, and as a result, an imperfect market exists in real life. In this context, it can be argued that the institution of consumer rights has been established to support the homogeneity assumption, which does not correspond to real-life circumstances. In this study, the notion that the institution of consumer rights was established to support the homogeneity assumption, which does not align with real-life circumstances, has been examined within the context of the Republic of Türkiye and the framework of the Law on the Protection of Consumers No. 6502. However, the scope of this study is limited to the right to request a price reduction in proportion to the defect, as one of the rights enumerated under the law. In this study, a method involving the examination of relevant legislation, judicial decisions, and literature, followed by certain theoretical inferences based on the findings obtained from these sources, has been employed. The homogeneity assumption appears in the concept of defective goods in Law No. 6502. Goods that are contrary to the homogeneity assumption are considered defective, and consumers are granted various optional rights. Consequently, it has been concluded that the regulations concerning consumer protection within the scope of Law No. 6502 support the homogeneity assumption.