Abstract:

In the new Law on Consumer Protection numbered 6502, it is regulated that credit card contracts will be considered as a consumer credit contract if the possibility to delay the payment for more than three months in return for interest or a similar benefit or if the possibility to pay in installments is similarly provided. The issue of how to understand the expression “providing possibility” in the provision has led to diff erences of opinion in the doctrine. It has been defended on various grounds that in order for the credit card agreement to be considered as a consumer credit, the obligation must be de facto delayed for more than three months in return for interest else a similar benefit or de facto made an installment plan for more than three months in return for interest else a similar benefit. However, considering the purposes of consumer law and the wording of the provision, it should be considered suff icient to decide on this possibility in the contract, and the condition of making the de facto delay or de facto installment should not be sought.

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