What is a consumer transaction?

A consumer transaction is defined in Article 3/1-L of the Law No. 6502 on the Protection of the Consumer. The text of the article is as follows: "Consumer transaction: Any kind of contract and legal transaction established between consumers and real or legal persons, including public legal entities, acting for commercial or professional purposes or acting on their behalf or for their account in goods or services markets, including contracts for work, carriage, brokerage, insurance, power of attorney, banking, and similar contracts."

Consumer transactions are conducted in goods and services markets. What is the purpose and scope of goods and services markets? If we do not properly understand the scope and purpose of goods and services markets, we may make mistakes when seeking to exercise consumer rights.

Therefore, we must first examine and explain the purpose and scope of goods and services markets.

What are goods?

Goods are movable property, residential or holiday real estate subject to trade, as well as all kinds of intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment (Article 3/1).

Goods refer to movable property, residential or holiday real estate subject to trade, as well as all kinds of intangible goods such as software, audio, video, and similar items prepared for use in an electronic environment. In the definition made in the third article of the Law on the Protection of the Consumer, movable and immovable property, as well as all kinds of intangible abstract things such as software, audio, and video prepared for use in an electronic environment without physical existence, are also within the scope of the concept of goods. In case of doubt, the concept of goods should be interpreted broadly in favor of the consumer.

The purpose of goods:

The reason for the existence and purpose of goods is to meet the needs of the consumer. Goods also have a purpose from the seller's perspective. That purpose is to make a profit. The consumer's goal of meeting their economic needs and the seller's profit motive together form the basis of the consumer contract.

Scope of goods:

The scope of the concept of goods is limited by:

-The seller's profit motive,

-And the consumer's purpose of use.

If a consumer wants to sell a good to someone else or make a profit, that person is not considered a consumer. They cannot benefit from consumer rights.

What is a service?

A service is any kind of consumer transaction other than the provision of goods, which is performed or undertaken to be performed in exchange for a fee or benefit.

Services are activities produced or organized for human needs that are intangible and cannot be stored, such as tourism, communication, and consulting. Examples include work performed by barbers, doctors, lawyers, repairmen, banks, insurance companies, and the like.

All service providers in an economy constitute the service sector of that economy.

Legal transaction:

In the Law No. 6502 on the Protection of the Consumer, every legal transaction to which the consumer is a party is accepted as a consumer transaction.

For this reason, it is essential to clarify the concept of a legal transaction. "A legal transaction is a legal fact consisting of declarations of will by one or more persons aimed at producing legal consequences, together with other elements when necessary, within the limits prescribed by the legal order. A legal transaction is a type of legal act aimed at achieving a specific goal."

What is a consumer transaction?

A consumer transaction refers to any kind of contract and legal transaction established between consumers and real or legal persons, including public legal entities, acting for commercial or professional purposes or acting on their behalf or for their account in goods and services markets. In accordance with the clear regulation in the law, all kinds of contracts and legal transactions, including contracts for work, carriage, brokerage, insurance, power of attorney, banking, and similar contracts, are considered consumer transactions. A precise and clear definition has been made. The law states that "any transaction and contract to which the consumer is a party is considered a consumer transaction."

A legal transaction consists of two parts. These are the elements of the legal transaction and the result of the 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. According to this definition made by Law No. 6502, if one of the parties is a consumer and the other party is a seller, provider, bank, carrier, insurer, or a real or legal person doing this business to earn income within the scope of professional activity, the contract made is considered a consumer transaction.

Understanding a consumer transaction as a consumer contract is more in line with the purpose of the Law on the Protection of the Consumer. It is necessary to interpret the consumer transaction broadly to include the consumer contract.

CONCLUSION:

A consumer transaction is very important for the correct application of consumer law and for the aggrieved consumer to receive their rights and have their damages remedied.

For sales contracts between two people to be considered a consumer transaction, the buyer must have purchased the good subject to the consumer transaction to meet their own needs, not for profit or to sell to someone else. If the buyer acts in accordance with this purpose and scope, the buyer is considered a consumer. It is necessary and essential for the consumer contract to be understood correctly in its full scope and purpose, and for the law to be applied correctly.