Serbest Eczanelerin Muvazaalı İşletilmesi

Abstract

Although our legal system grants individuals the authority to make contracts and dispose of their assets as they wish, it has foreseen certain limitations due to public order. It is observed that individuals establish certain legal transactions in order to overcome these limitations or to conceal their true will. One of these, the concept of collusion, can be defined as a legal transaction carried out by the parties by concealing their true will in order to mislead third parties. Since private pharmacies provide health services that are considered as public services, the legislator has set forth certain special conditions for the operation of private pharmacies. For this reason, it is frequently encountered in practice that private pharmacies are operated in collusion. In this study, it is aimed to examine the place and importance of private pharmacies in our law, the conditions for operating private pharmacies, the appearances of collusive operation of private pharmacies in practice, and to evaluate the difference between the collusion in the general provisions and the legal consequences of the collusive operation of private pharmacies.