Unfair exploitation involves taking advantage of the other party’s inexperience or lack of foresight in a difficult situation (such as during negotiations) to create a disproportion between the action and the counteraction. According to the Turkish Civil Code;
“If there is a clear disproportion between the reciprocal acts in a contract,
and this disproportion was caused by the aggrieved party’s negligence or carelessness, or by taking advantage of their inexperience,
the aggrieved party may,
by assessing the situation according to their own circumstances or by notifying the other party that they are not bound by the contract, demand that the other party
return their performance or remain bound by the contract.
If the aggrieved party has become aware of this right, due to negligence or inexperience,
they may exercise it within one year from the date the situation ceases, and in any case,
within five years from the date the situation arose.”
Technically, for us to speak of harm, the excessive disproportion in question must have been identified at the time the contract was signed.
The first condition of unfair exploitation is an objective condition: At the time the contract was entered into, there must be a gross disproportion between performance and consideration.
Gabi’s second condition is a subjective condition: The subjective condition refers to creating a gross disproportion by taking advantage of a specific situation. These subjective conditions may arise from being in a difficult situation, lack of experience, or lack of judgment.
Another condition for unfair exploitation is the intent to exploit. One of the parties must have the intent to take advantage of this specific situation. As a result of unfair exploitation, the contract will be rescinded.