Özet:

The concept of responsibility of the manufacturer for the first time in its positive law (No. 4077) which has made a controversial entry with Article 4 of the Act on Consumer Protection, amended in 2003 and a regulation issued on the basis of it, but which has entered into force in 2014 (No. 6502) and not clearly regulated in the Act on Consumer Protection, has been re-legal with the Act on Product Safety and Technical Regulations No. 7223 which has entered into force in 2021. The relevant law and the European Union's Manufacturer Responsibility Guidelines (85/374/EEC) of 1985 and the 2001 Product Safety Guidelines (2001/95/EC) have been attempted to be translated into domestic law. However, with the product safety rules that show their expectations of the state to keep the minimum standards of the products to be marketed and constituting a constant administrative inspection of the manufacturers, the product safety rules that arise after the product was marketed, the product safety rules that can no longer be prevented by the risk of causing a damage, the manufacturer's responsibility rules that aim to compensate for it have been regulated in the same law. In this study, according to the relevant Law, the principles relating to the responsibility of the manufacturer were evaluated and proposed how some of the provisions of the Law could be considered controversial can be interpreted meaningfully and the aspects that the Law is missing in the face of current developments were tried to be pointed out.