Özet:

The development of technology brought development of new communication methods. As the communication technology developed, the internet has become a part of our lives and it has become much easier for individuals to communicate with each other. The fact that the consumer contracts can be established between citizens of different countries creates the character of foreignness in contracts. Electronic consumer contracts with foreign characters and the dispute settlement regarding these contracts are governed by the International Private and Civil Procedure Law No. 5718. The freedom of choice of law recognized in international private law is limited in consumer contracts. Because consumers are in a weaker position than the other side of the contract, they need to be protected. For this reason, the said law has linked the choice of law to various conditions. In case of non-selection of the law, article 26 of the law applies. There are a number of complications which may arise when the provisions of the said law applies to electronic consumer contracts. For instance, foreign consumer electronics contracts do not because of its nature may not exactly fall into the scope of this provision. Moreover, the issue of jurisdiction is also problematic. The competent court that has jurisdiction regarding these consumer contracts is regulated under article 45 of the said law. The fact that many of these consumer contracts are established in the virtual environment may also cause a set of problems, which further complicates the jurisdiction and the law to be applied to these contracts. Today, the number of disputes arising from consumer electronic consumer contracts with foreign elements are on the rise. In light of this, this paper examines consumer contracts with foreign elements, law that applies to these contracts and complications which may arise from how the Turkish law deals with these contracts.

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