Unfair conditions applied in loans obtained from banks constitute the subject of legal disputes, and consumer courts handle cases in such disputes. There are many factors that determine the illegality of Decrees between the bank and the borrower.
As stated in the decisions of the Civil Chamber of the Court of Cassation, standard contracts are defined as a type of contract that is not the result of mutual negotiations of the parties, the content of which consists partly or entirely of general transaction conditions. On the contrary, with the provisions prepared in advance by one of the parties or a third party, the Law No. 4077 on Consumer Protection is amended by Law No. 4822 6. its substance. The Law on Consumer Protection, amended by Law No. 4822, provides for the assumption that the provisions contained in standard contracts, and in particular the general terms and conditions constituting the content of these contracts, are unfair terms in Directive No. 1993/13/EEC. The European Union countries that have transferred this directive dated 05.04.1993 of the Council of Europe into their domestic laws.
CONSUMER PROTECTION LAW
According to the third paragraph of Article 6 of the Law on Consumer Protection, “If the contract period has been prepared in advance and has failed to affect the content of the consumer, especially due to its inclusion in the standard contract, that contract period is deemed not to have been negotiated with the Consumer. If it is concluded from the evaluation of the contract as a whole that it is a standard contract, the fact that some elements of this contract or an individual provision of a condition have been negotiated does not constitute an obstacle to the application of the remaining part of this article. Contract “.
6 of the Law on Consumer Protection, which was amended by Law No. 4822. The article regulates the “ unfair conditions ” in the contracts. Unfair terms are contract terms that the seller and the provider unilaterally put into the contract without negotiating with the consumer, which lead to an imbalance in the contractual rights and obligations of the parties in such a way as to violate the good faith rule against the consumer. Belief and unfair terms in any kind of contract in which one of the parties is a consumer will not be binding on the consumer. It is stated that if the seller or provider claims that a standard condition has been handled separately, the burden of proof belongs to him.
6 Of the amended Law No. 4077. and 31. 7 of the Regulation on Unfair Conditions in Consumer Contracts prepared on the basis of articles. In the article “ unfair conditions used by the seller, provider or creditor are included in the contract concluded with the consumer. It is invalid “.
The provisions of the contract between the bank and the debtor regarding the above-mentioned issues will be invalid and the application of these conditions to the debtor will be Decriminalized. In this case, the debtor will have the right to apply for legal remedies.
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