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The concept of “defective goods”, which we can often encounter in daily life, is subject to legal terms and results? Usually 6098 p. On the sales contract. The concept of “shame” encountered in legal relations, where the provisions of the Turkish Code of Obligations finds application, results in the buyer having certain optional rights. The buyer has certain rights against the seller using one of the optional rights we will review in this article. The seller must fulfill the selective right of the buyer as required.

Responsibility arising from the defect usually finds application in sales contracts. However, there are liberty liability provisions in work contracts, proxy contracts and other contracts outside the sales contract. For this reason, first of all, the provisions against monopoly arising from the sales contract must be examined.

What is the Sales Agreement?

Before examining the defective provisions of the sales contract, 6098 p. It will be useful to examine the provisions of the Turkish Code of Obligations regarding the nature of the sales contract. Namely;

Article 207: “The sales contract is the contract where the seller transfers the possession and ownership of the seller to the buyer and the buyer undertakes a payment debt in return.

Unless otherwise agreed by contract or otherwise, they are obliged to fulfill their debts at the same time.

The price that can be determined according to the situation and conditions is in the form of an agreed price. ”

As it is seen, the sales contract is the contract where the seller assumes the obligation to transfer the sold to the buyer for a “money”. Parties are required to act in accordance with their obligations arising from this contract.

What is “Shame”?

The shame is described in the doctrine in two different titles. Accordingly, it is a shame definition that “a good is far from providing the average benefit expected from it, it does not have the objective and reasonable features sought, it is defective or inefficient”, as well as “the lack of qualifications that the seller claims to have”. Both states indicate the presence of the shame.

In other words, the responsibility of the seller arising from the qualifications he declared against the buyer and the qualities that eliminate or significantly reduce the value or the expected benefits of the seller in terms of the intended use is called defective responsibility.

The Court in Charge Which Court?

It should be noted that if the buyer has the title of “CONSUMER”, the provisions of the Law No. 6502 on the Protection of the Consumer are applied, not the provisions of the Turkish Code of Obligations No. 6098. Therefore, the court in charge becomes the Consumer Courts, not the Civil Courts of First Instance. Whose is the “consumer”, 6502 p. It is defined in the 3rd article of the Law and is taken into consideration. According to this,

“ARTICLE 3.-

Consumer: Real or legal person acting for commercial or non-professional purposes,

Consumer transaction: Establishment, transportation, brokerage, insurance, power of attorney, banking, and so on, established between real or legal persons acting for commercial or professional purposes or acting on behalf or for his account, including public legal entities, in the goods or services markets. all kinds of contracts and legal transactions, including contracts,

Seller: The real or legal person who offers goods to the consumer for commercial or professional purposes, including public legal persons, or acts on behalf or account of the goods provider… ”.

What Are the Rights of Buyers Arising from Shame?

The rights of those who are in the capacity of “buyer” and those who are in the character of “consumer” differ from each other. So let’s examine it separately.

6098 p. The provision of the Turkish Code of Obligations, which explains the optional rights related to the item, is as follows:

“one. Returning from the contract by declaring that it is ready to return the sold.

2. To retain the sold and ask for a discount in the price of the sale.

3. Requesting free repair of the sold at all costs, if the seller does not require excessive costs.

4. If possible, request that the sold be replaced with a defect-free counterpart.

The right of the buyer to claim compensation in accordance with the general provisions is reserved.

The seller can prevent the buyer from exercising his selective rights by immediately giving the buyer a defective copy of the same good and removing all the damage suffered.

If the buyer uses his right to return from the contract, if the situation does not justify this, the judge may decide to repair the seller or to reduce the sales price.

If the deficiency in the value of the sold is very close to the sales price, the buyer can only use one of the rights to return from the contract or to request the replacement of the sold with an indifferent counterpart.

What are the Rights of Consumers Arising from Defamation?

People with the title of consumer are subjected to higher protection than the usual buyers. Indeed, 6502 p. The provisions of the Law on Consumer Protection contain provisions on this subject as follows:

“A) Ready to return the sold