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ARTICLE · 29 MARCH 2022

Supreme Court Decision On Consumers' Optional Rights

Esin Attorney Partnership
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The Decision includes essential remarks concerning the exertion of optional rights granted to consumers regarding defective products.

TurkeyInternational Law
Ilay Yilmaz
Ilay Yilmaz
Can Sozer
Can Sozer
Aybüke Gündel Solak
Aybüke Gündel Solak
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New Development

The decision of the 3rd Civil Chamber of the Supreme Court with File No. 2021/8941 and Decision No. 2022/656 ("Decision") was published in the Official Gazette on 18 March 2022. The Decision includes essential remarks concerning the exertion of optional rights granted to consumers regarding defective products.

The Decision is available here  (in Turkish).

What Does the Decision Signify?

The optional rights granted to consumers with respect to defective products are regulated under article 11 of Consumer Protection Law No. 6502 ("Law"). Accordingly, the consumer can exercise one of the following rights: a) withdrawing from the contract upon returning the product; b) requesting a reduction in the price of the product in proportion to the defect; c) having the defect repaired at the seller's expense, provided that it does not require excessive costs; or d) replacing the product with an identical product that is free from defect, if possible.

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