AUDIT OF UNFAIR TERMS IN CONSUMER CONTRACTS ACCOMPANIED BY THE DECISIONS OF SUPREME COURT

Audit of the unfair terms in the consumer contracts is regulated by the 5th pro-vision of Law Number 6502 on the Protection of Consumers. Unfair terms un-der the relevant article refers to the terms of the contract that the entrepreneur included in the contract without negotiating with the customer, thereby limiting the customer s rights and powers arising from the contract and leading to an imbalance against the consumer in a way that contradicts the integrity rules. The lawmaker has imposed that unfair terms in the contracts one side of which is formed by the consumer are absolutely invalid. However, in order to ensure that the principle of trust that is valid in the contract law is not harmed, the provisions of the contract, except for unfair terms, will be valid and a regulation has been issued to prevent the contract from becoming invalid due to these conditions which are considered unfair. In addition, if a general transaction condition in the contract is not clear and understandable or if it means more than one, it has adopted the principle of commenting in favor of the consumer by expressing that this term will be interpreted in favor of the consumer.