Consumer Attitudes Research Papers - Academia.edu (original) (raw)

CONSUMER PROTECTION LAW ARTICLE-1
Assist. Prof. Özlem Tüzüner (Ph.D.)
“The purpose of this act is to take measures aimed at protecting the health, safety and economic interests of consumers in line with the public good, building consumer awareness, indemnifying losses incurred by consumers and protecting them against environmental hazards; to promote consumer initiatives aimed at protecting consumer interests and to encourage volunteer organizations aimed at devising consumer-related policies”.
ABSTRACT OF ARTICLE-1
The purpose of Law No. 6502 is to protect the consumer rights. The main objective set out in this article is to realize the consumer protection principle. Comparative law states the same purpose with similar expressions.
The Treaty on the Functioning of the European Union and the Directive on Consumer Rights are directed to the same purpose. French Consumer Code does contain no article about its purpose. But the traditional objective is expressed in the doctrine. There is no particular code to protect consumers in Switzerland. But the Swiss Code of Obligations contains provisions to protect the purchaser of the door sale with right of withdrawal. On the other hand, Federal Law on Consumer Credit, only in the consumer credit area, leads the purpose of protecting the loan recipients against the professional lenders.
United States Code contains provisions about consumer product warranties. Under this title, following objectives are written: to improve the adequacy of information available to consumers, prevent deception and improve competition in the marketing of consumer products. Consumer Rights Act 2015, which is in force in England, refers to protect the interests of consumers in general. Consumer Protection Act 1986, which is in force in India, has the objective to strengthen consumer protection against unfair commercial practices.
When the objective is as such, critics to consumer protection policy should be laid. Both in the Turkish Consumer Law, as well as in the comparative consumer law, the effectiveness of this principle is discussed. The purpose of the protective law branches is not to favor one party, but to establish a fair balance on behalf of the general interest of the community. Rather than a rigid protection in favor of the consumer, it’s valuable to protect the consumer’s physical and economic integrity, also to maintain the consumer’s freedom of choice. As it’s the same in all law branches, consumer law’s ultimate objective is the public interest. Consumer can be maintained as far as the country’s economy is able to carry the burden. Because of the consumer protection principle, national productivity should not be ignored.
In special cases, the balance in the power relations may change. For example, small business can remain impotent in the face of persistent client. The consumer protection policy restricts the freedom to trade and paralyzes partly economic activities. It’s incorrect to give the impression to consumers as if they’re disabled that the legislator will protect them in every condition. The problem is the rationality issue. The protective provisions should be established in adequate and effective level.
Contrary to the acceptation of the Napoleon code, the consumer is not a good family man (bonus pater familias). It’s accepted that the consumer is half intelligent and incapable adult. In exceptional cases, this proposition may be unrealistic. Of course, when the professional steps forward in the consumers geographical space or is really economically superior, it is time to protect the consumer. When the marginal situations occur, in which the consumer is not unsafe and economically below but the trader is below, the general and abstract protection offered to all consumers by consumer law remains wrong and unjustifiable. The aim is, rather than to generalize this principle, to establish a fair balance of interests in between opposite benefits.
Consumer protection policy has now been reformed, is not the same as it was in the late 1970s. Ensuring the contractual equality and the protection of contractual balance has taken place the reviews in favor of consumer principle. The economic balance of the contract is limited by the absence of abuse. Normative balance of the contract consists of transparency and honesty of the contract content.
Principles are not static. In the new contractual ethical profile, transparency, consistency and proportionality obligations are sufficient for traders. Also in the economic profile, it’s acceptable as the enough objective that the consumer appears an independent and consciously moving individual.
As seen, the consumer protection principle is criticized because of its rigidity in favor of consumer. The traditional understanding, according to which consumers are incapable and must be sponsored in an absolute protection shield, is being transformed. The tendency of the resilience of the consumer protection principle is expressed by the following concerns: social state, social justice, the overall benefit of the society and the establishment of a fair balance between the conflicting interests. In fact, it’s nonsense to apply rigidly the consumer protection principle in the exceptional situations, especially when the consumer is not poor, emotional or incapable. When the exceptional situations occur, it’s normal the flexing of the mentioned principle to the extent away from the ultimate goal called social benefit.
CONSUMER PROTECTION LAW ARTICLE-2
Assist. Prof. Özlem Tüzüner (Ph.D.)
“This Act covers all kinds of consumer transactions and consumer related practices (or applications directed to the consumer)”.
ABSTRACT OF ARTICLE-2
The Act No. 6502 covers all kinds of consumer transactions and applications directed to the consumer. The term “application directed to the consumer” was not found in the Repealed Law No. 4077. The reference to consumer related practice is one of the indications that show the scope of the Act expands. The applications directed to the consumer include exemplarily after-sales services, promotions organized by periodicals and broadcasters, unfair trade practices, pre-contractual information form and sales method during the establishment of the timeshare contract.
According to the Directive 2011/83/EU on Consumer Rights, European Union Consumer Law includes any contracts concluded between a trader and a consumer. It shall also apply to the contracts for supplying water, gas, electricity or district heating, including by public providers, to the extent that these commodities are provided on a contractual basis.
French Consumer Code does contain no article about its scope. Introductory article begins with consumer definition. As long as one side is appropriate consumer according to the legal recognition the French consumer law includes each consumer transaction, which is on the subjective system.
In Switzerland, except for consumer loans, a special act dedicated to consumer protection, does not exist. In Swiss Code of Obligations, the chapter titled as “the right of withdrawal in door sales and related contracts” has a coverage as “customer getting movable goods or services personal or family use from the vendor or provider who offers professional or commercial activity”.
Consumer Rights Act 2015 has identified the scope as follows: “where there is an agreement between a trader and a consumer for the trader to supply goods, digital content or services, if the agreement is a contract”. It makes no difference in terms of the application of the act whether the consumer contract is written, oral or implied from the parties.
Consumer Protection Act 1986, which is in force in India, is dedicated to protect consumers from unfair commercial practices. This law is comprehensive enough to prevent all kinds of consumer exploitations. It’s interesting that the provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.