Buyer's Repair and Replacement Rights at the Seller's Liability for Defects


Erol A.

Sosyal Siyaset Konferansları Dergisi, sa.79, ss.329-360, 2020 (Hakemli Dergi)

  • Yayın Türü: Makale / Tam Makale
  • Basım Tarihi: 2020
  • Dergi Adı: Sosyal Siyaset Konferansları Dergisi
  • Derginin Tarandığı İndeksler: TR DİZİN (ULAKBİM)
  • Sayfa Sayıları: ss.329-360
  • İstanbul Üniversitesi Adresli: Evet

Özet

Trust, one of the most important elements of economic life, also contributes greatly to the stability of social life. In this respect, the degree of trust people feel towards each other deeply affects both economic and social life. The high perception of trust in society improves relations between individuals, thus contributing to the resolution of problems before they reach the legal and judicial level. However, such a high degree of confidence and perception, as in many societies, is also not seen in Turkey. Therefore, disputes arising between individuals are mostly resolved in the courts. Sales contracts are an important tool in measuring the perception of trust in the society. In a legal system, the more detailed the sales contracts are and the more detailed regulations are made against the negative situations that will arise as a result of the sales contract, it can be easily stated that the sense of trust in the society where that legal system is applied is also weak. Because the weakness of personal relationships between buyer and seller, and the decline in business and professional ethics show that individuals need the law and the protection provided by the laws rather than "promises" Considering the current legal regulations in Turkey, it is seen that sales contracts are arranged in a very detailed way. In this study, in the context of the responsibility arising from defective goods and the defective goods, which are frequently encountered in practice, the buyer's rights to demand repair and replacement are discussed.