Tüketici İşlemi Olarak Vekâlet Sözleşmesi

Abstract

With the adoption of the Act No. 6502 on the Protection of Consumers (“Act”), the scope of application of the contracts considered as consumer transactions has expanded considerably. In the Act, the terms of contract of mandate is included in the definition of consumer transaction and the contract has been adopted within the scope of the Act. In this respect, the regulations introduced by the Act on the protection of consumers shall be applied to the contract of mandate, which are considered as consumer transactions. Problems in which the provisions of the contract of mandate can be applied, such as the management of the provisions of defamation and unfair terms in all contracts, must be resolved in accordance with the nature of the contract of mandate. In this context, some special types of contracts, such as attorneys' contract, diagnosis and treatment contract, course contract, which are frequently encountered in practice, are also mentioned. If the principal is a consumer, the provisions of the Act shall be applicable without prejudice to the provisions of the Attorneyship Act. While the examination of the attorney is made here, the principal should not have concluded this agreement for a professional purpose or commercial activities. In the diagnosis and treatment contract, the Act will not be the area of application of public law in terms of public hospitals, but the Act will apply in all private hospitals and professional activities. In the course contract, the subject matter has been examined by considering special regulations and it has been determined that the course contract will be accepted as a contract of mandate within the scope of the Act.