Özet:

The defect is called the absence of the qualities promised by the seller or that should exist objectively in the relevant product. If there is the sold defectively good in consumer sales contracts, the seller have the responsibility that started with a fault. Within the scope of consumer law, in order to eliminate the defect and to protect the interests of the consumer, optional rights are regulated within the scope of the Law on the Protection of the Consumer. Within the scope of the responsibility that started with a fault, the consumer may demand the elimination of the defect by claiming these optional rights against the seller. Optional rights to demand the repair of the goods and the replacement of the goods with a non-defective one can also be claimed against the manufacturer or importer together with the seller. In the case of other damage to the consumer with a defective attitude, compensation claims arise. The provisions of the Turkish Code of Obligations can be applied to compensation claims. Compensation claims can be requested from the seller, manufacturer or importer. However, in the case of abandoning the contract, not only the consumer but also the seller may have some usage-based compensation claims. Claims for compensation can be examined not only within the scope of the liability that started with a fault, but also within the scope of breach of contract. In addition, there will be a competition for rights regarding the rights that the consumer side can use.

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