Tüketici Sözleşmesinin Üçüncü Kişiyi Koruyucu Etkisi

Abstract

Consumer contracts are agreements established between the seller/provider and the consumer, which aim to protect consumer and ensuring a fair balance between the parties. However, in some cases, consumer contracts must also protect third parties, not just the contracting parties. When a third party suffers damage, particularly considering their proximity to the performance and the creditor, the fact that injuried they cannot benefit from the protection it provided by the contract since they are not a party and this leaves them to seek compensation solely under tort law, which damages the sense of justice. In order to overcome this disadvantageous situation created by tort law, the concept of contract with protective effects for third parties has emerged. Through this concept, the scope of protection provided by the contract has been extended, under certain conditions, to benefit third parties who are not parties to the agreement. Contracts with protective effects for third parties have found application in consumer law, particularly in cases where a third party suffers damage due to defective goods or services. Additionally, before normative regulations on product liability were introduced, this concept played a role in expanding the scope of contractual liability to hold manufacturers accountable for damages caused by their products.