Graduate Education Institute · Private Law · Master
ECTS: 7.5 T+P+L: 3+0+0 Departmental Elective
Coordinator: Dr. Öğr. Üyesi Burak DOĞAN
Course Objective
The aim of this course is to provide students with knowledge of Consumer Protection Law in Turkey so that they could practicaly apply the law for the protection of consumers.
Course Content
This course concentrates on the contracts where one party is a consumer, in particular the contracts regulated by the Consumer Protection Act such as consumer sales, door-to-door sales, sales in installments, campaign sales and consumer loans. Special attention will be paid to institutions introduced to the Act in 2003, such as the control of general contract conditions, distance sales, timesharing agreements, package tours and credit card agreements. EU Directives regarding consumer protection and the laws of various European countries will also be evaluated with a comparative approach.
Required Resources
Tüketici Hukuku Prof. Dr. Murat Aydoğdu Kasım 2020
Recommended Resources
Course Learning Outcomes
- Upon successful completion of the course, students will be able to; Appreciate the possibility of inequality among contractual partners even though private law is based on the idea of equality
- Deduce general principles from single cases of inequality
- Develop alternative protection measures for cases where contractual equality is distorted
- Identify the exceptional cases where contractual equality between the parties is distorted
Core Area Distribution
(38) Law%100
Teaching Methods
ExpressionQuestion-AnswerDiscussionExercise and PracticeCase Study
Assessment & Evaluation
HomeworkTesting (Essay / Tests: True-Falls, multiple-choice, short answer, matching)
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 3 | 48 |
| Out of Class Study Period | 16 | 8 | 128 |
| Midterm | 1 | 2 | 2 |
| Quiz | 0 | 0 | 0 |
| Assignment | 1 | 5 | 5 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 2 | 2 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Introduction to the law of consumer protection, topics to be covered, Issues dealt with in the Consumer Code, interrelation with the Code of Obligations | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 2 | The liberal economic model and protection of consumer; definiton of consumer and trader; dual purpose transactions | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 3 | Consumer Sales Contracts I: Why a special provision for consumer sales? Definition of Consumer goods; Non-conformity; Examination and notice duty? Passing of risk; | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 4 | Consumer Sales Contracts II: Persons liable for non-conformity; Joint liability of the sales chain; Limitation Period; Guarantee statement, its coverage and time limits; | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 5 | Product Liability I: Principles of Product Liability and Strict Liability; Product Liability and law and economics doctrine; Product liability and liability of the seller in comparison | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 6 | Product Liability II: Exoneration of the producer; calculation of loss and damages; losses covered by strict liability; exclusion of liability; time limits | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 7 | Off-Premises and Distance Contracts: Definition of Off-Premises and Distance Contracts; Information duties at contract conclusion; Right of wihtdrawal; Restitution problems | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 8 | Ara Sınav | Ara Sınav |
| 9 | Timeshare Contract: Contracts falling within the scope of application; Information duties; Right of withdrawal; Restitution problems. Package Tour Contracts: Scope of application; | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 10 | Standart Contract Terms (SCT) – I: Notion of standart contract terms; reason for controlling these terms; Interrelation between the provisions in the Consumer Code, the Code of Obligations and the Commercial Code regarding control of SCT | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 11 | Standart Contract Terms (SCT) – II: Judicial control of SCT; Assessing the fairness of contract terms; Principle of transparency; Consequences of unfairness of SCT; Collective proceedings | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 12 | Contracts creating a credit relation – I: Scope of application of consumer credit provisions; Protection at contract conclusion | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 13 | Protection at the phase of performance: i. Control of interest rate; ii. Control in three-party relations; iii. Early repayment; iv. Protection in case of default of consumer; v. Protection of surety | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 14 | Protection of Consumer Against Unfair commercial practices: Definition of unfair commercial practices; Misleading commercial practices; Aggressive commercial practices | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 15 | Protection of Consumer in Procedural Law and in International Private Law: Prodecural Law and Private International Law | The related topics shall be read from the obligatory sources and from the articles which shall be distubuted to them before the session |
| 16 | Final Sınavı | Final Sınavı |