مرکز منطقه ای اطلاع رساني علوم و فناوري - GENEL İŞLEM KOŞULLARININ KİŞİLİK HAKKI KAPSAMINDA DEĞERLENDİRİLMESİ

Abstract :

This study is about consideration of general standard terms and conditions, which is regularized by the Turkish Obligation Code numbered 6098 and be able to be executed to all contracts, within the personal right. Even the parties are free to determine the terms of the contract, there are some situations that restrict this freedom. General standard terms and conditions as one of the restrictions, are contract terms that are determined before and only by one of the parties to be used in several different contracts and offered to the other party. Another boundary of freedom of contract is drawn by the personal right. Parties may not abuse each others personal right by the terms of a contract. A contract term may cause violation of personal right and may be in the content of general standard terms and conditions at the same time. In this case the question of whether the sanction of violation of personal right or the sanction of general standard terms and conditions will be applied, comes to the fore.