Türk ve İngiliz Hukukunda Tüketici İşlemi ve Tüketici İşleminden Doğan Uyuşmazlıkların Arabuluculuk Yoluyla Çözümlenmesi

Abstract

Our study includes the concept of consumer transaction and the resolution of disputes arising from consumer transactions through mediation, and the subject is discussed in detail in the light of the regulations in Turkish and English law. First of all, historical developments and changes within the scope of consumer protection are mentioned and the emergence of consumer rights is mentioned. Then, the concepts of consumer, consumer transaction and consumer dispute were evaluated and the issue of resolving disputes arising from consumer transactions through mediation, one of the alternative resolution methods, was examined. When we consider the sectoral expansion and developments in the goods and services markets today, we see that there are different pre- and post-contract practices in the market, as well as contracts between entrepreneurs such as sellers, providers or producers, and consumers, and that unfair commercial activities towards the consumer occur, and in this context, the consumer transaction It should be noted that there are many transactions that can be included in the scope. With the increase in consumption relations, consumer disputes may arise between consumers and entrepreneurs in different areas. Mediation is a method of resolving disputes that the parties can voluntarily dispose of freely, with the help of an independent and impartial third party, and has become one of the alternative dispute resolution methods used by the parties in resolving consumer disputes. In our study, the role of mediation in Turkish and English legal systems in resolving disputes arising from consumer transactions has been revealed. In this context, it is aimed to conduct a comprehensive review by considering the legal regulations in Turkish and English law, judicial precedents and evaluations, EU directives guiding the practice, as well as global trends.