Fundamental concepts of consumer law (1) Who is a consumer?

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

A 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 within the meaning of the Turkish Commercial Code, commercial companies, or other legal entities that perform this business with the ultimate goal of generating income are not considered consumers.

A correct understanding of the consumer concept yields very important and beneficial results for the protection of 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 Consumer Protection Law. 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 Consumers. The person who is a party to the consumer contract, their family members, guests, and everyone around them who uses and benefits from the goods and services are also considered consumers. With this definition in the consumer protection law, the scope has been significantly expanded.

A person who receives a gift is considered a consumer. In the event of a malfunction, they can benefit from all the 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 in line with current consumer needs and the consumer protection purpose of the law on the protection of consumers.

Furthermore, even if a shared residence is registered in the name of only one spouse in the land registry, the other spouse can enter into a water or electricity subscription contract. In the event of a defective product breaking, family members affected by the breakage or explosion, as well as guests present in the home at that time who were benefiting from the product, are also considered consumers.

Those who suffer damages, including the consumer and their relatives, can file a lawsuit for material and moral damages 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 others are not, would constitute a violation of the purpose of the law on the protection of consumers. Along with the consumer, the consumer's spouse, children, and guests in the home who are harmed by a 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 is 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 Consumers 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 those acting on their behalf or for their account. The other party is the consumer. Any contract and legal transaction established between these two elements is called a consumer transaction.

All kinds of contracts and legal transactions, including transportation, brokerage, insurance, agency, banking, and similar contracts, are within the scope of consumer transactions.

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. A declaration of will is intended for the establishment, modification, transfer, or termination of a right or a legal transaction.

Any 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 consumer contracts.