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Genel İşlem Koşulları Meselesi ve Borçlar Kanunu Tasarısının Genel İşlem Koşullarına Yönelik Olarak Getirdikleri

Author

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  • Çağlar Özel

Abstract

Prevailing understanding of establishing contracts through offer and acceptance and mutual negotiation between parties has been abandoned. It has been replaced by the understanding of massive or formulary contracts that are composed of general transaction stipulations. There is no common provision in Turkish Law of Obligation that rules general transaction stipulations. However, unjust stipulations in contracts are prevented through an appended clause in the Code about Protecting Consumers in 2003. In addition to this, a new draft has been prepared for modernizing Turkish Code of Obligation, and the draft includes 6 clauses ruling general transaction stipulations. In this study, the new amendments ruling general transaction stipulations in the draft are discussed.

Suggested Citation

  • Çağlar Özel, 2006. "Genel İşlem Koşulları Meselesi ve Borçlar Kanunu Tasarısının Genel İşlem Koşullarına Yönelik Olarak Getirdikleri," Sosyoekonomi Journal, Sosyoekonomi Society, issue 2006-1.
    • Handle: RePEc:sos:sosjrn:060109
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    More about this item

    Keywords

    Turkish Code of Obligation; General Transaction Stipulations; Establishing Contracts; Unjust Stipulations in Contracts.;
    All these keywords.

    JEL classification:

    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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