Fundamental concepts of consumer law (-1-)

WHO IS CALLED A CONSUMER?

In clause (k) of Article 3 of the Law on the Protection of the Consumer No. 6502, the concept of a consumer is defined as follows: “A natural or legal person acting for non-commercial or non-professional purposes.” The consumer must act with the purpose of personal consumption in all their actions and transactions. Those who act with the purpose of buying and selling cannot be considered consumers. The concept of a consumer is one of the most important and fundamental concepts of consumer law.

“Consumer refers to a natural or legal person acting for non-commercial or non-professional purposes. Under Article 3/k of the Consumer Protection Law, natural and legal person merchants, commercial companies, or other legal entities that perform this business for the ultimate purpose of generating income within the meaning of the Turkish Commercial Code are not considered consumers.

A correct understanding of the concept of a consumer yields very important and beneficial results in terms of protecting consumer rights. The answer to the question of who is a consumer and who is not also defines the boundaries of the purpose of the Law on the Protection of the Consumer.

In terms of protecting rights, it is extremely important and necessary for the boundaries of the consumer concept to be clearly defined, explained, and understood without leaving any room for hesitation or doubt, in order to ensure the correct application of the law.

Accepting only the person who is a party to the contract as a consumer does not align with the purpose of the Law on the Protection of the Consumer. The person who is a party to the consumer contract, their family, guests, and all those around them who use and benefit from the goods and services are also considered consumers. With this definition in the Law on the Protection of the Consumer, the scope has been significantly expanded.

A person who is gifted an item is considered a consumer. In the event of a malfunction, they can benefit from all rights granted to consumers. They can apply to a service center for repairs. They can file a lawsuit in court to demand a refund. Accepting the opposite would not be consistent with current consumer needs and the consumer protection purpose of the Law on the Protection of the Consumer.

Furthermore, even if a shared residence is registered in the name of only one spouse in the title deed, the other spouse can enter into a water or electricity subscription contract. In the event that a defective product breaks, family members who are affected by the breakage or explosion, as well as guests who are present in the home at that time and benefit from it, are also considered consumers, in addition to the consumer themselves.

Those who suffer damages, the consumer and their relatives, can file a lawsuit for material and moral compensation in a consumer court. Accepting that only the person who purchased the goods and in whose name the invoice was issued is considered a consumer, and that other individuals are not, constitutes a violation of the purpose of the Law on the Protection of the Consumer. Along with the consumer, the consumer's spouse, children, and guests in the home who are harmed by the defective product are also considered consumers and benefit from the rights provided to consumers.

MUST A CONSUMER BE A NATURAL PERSON?

The concept of a consumer is defined in Article 3/k of the Law No. 6502 as a “natural or legal person acting for non-commercial or non-professional purposes.” The expressions in the relevant regulation very clearly state that a natural or legal person acting for non-commercial or non-professional purposes falls within the scope of the consumer concept.

”(İlhan Kara, Consumer Law)

WHAT IS A CONSUMER TRANSACTION?

A consumer transaction is one of the important concepts of consumer law. A clear definition that leaves no room for doubt regarding consumer transactions has been made in the Law on the Protection of the Consumer No. 6502. One party to a consumer transaction consists of natural or legal persons, including public legal entities, acting for commercial or professional purposes in the goods and services markets, or acting on their behalf or for their account.

The other party is the consumers. Every type of contract and legal transaction established between these two elements is called a consumer transaction.

Every type of contract and legal transaction, including transportation, brokerage, insurance, agency, banking, and similar contracts, is within the scope of a consumer transaction.

Under Law No. 6502, every legal transaction to which a consumer is a party is a consumer transaction.

WHAT IS A LEGAL TRANSACTION?

There is no definition of the concept of a legal transaction in the Turkish Code of Obligations. It has been established through doctrine and judicial decisions. A legal transaction is a declaration of will by one or more persons aimed at producing legal consequences. The declaration of will is intended for the establishment, modification, transfer, or termination of a right or a legal transaction.

Every declaration of will aimed at performing a legal transaction

is considered a legal transaction. If one of the parties to a declaration of will aimed at producing legal consequences is a consumer and the other party is an entrepreneur, the legal transaction performed is also considered a consumer transaction.

Every consumer transaction is a consumer contract. It is necessary to interpret consumer transactions broadly to include consumer contracts. A consumer transaction also encompasses a consumer contract.