Tüketici kredisi
Consumer credit
- Tez No: 72545
- Danışmanlar: PROF. DR. LALE SİRMEN
- Tez Türü: Doktora
- Konular: Hukuk, Law
- Anahtar Kelimeler: Belirtilmemiş.
- Yıl: 1998
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Özel Hukuk Ana Bilim Dalı
- Bilim Dalı: Medeni Hukuk Bilim Dalı
- Sayfa Sayısı: 375
Özet
Özet yok.
Özet (Çeviri)
The subject of our thesis is consumer credit. Consumer credit is a kind of a credit; in short it is the modern type of lending of money at interest. The history of credit, goes back to the Code of Hammurabi, but it is only by the nineteenth century, that the use of credit had become more acceptable, and improvement in living standards and thus industrial development in both Europe and the United States have supported the increase in both using and giving of the credit. Then different types of credit started to develop and one of the most important one of them is consumer credit. A consumer credit agreement may be defined as an agreement, which is concluded between two parties, namely creditor and consumer, whereby the creditor grants or promises to grant to the consumer a credit in the form of a deferred payment, a loan or other similar financial means. It is a bilateral agreement, in which the main obligation of the creditor is to grant a definite amount of money under the name of credit; and the main obligation of the consumer is to pay back this credit in instalments, inclusive with interest and other expenses, such as commission, transfer of money, etc. Consumer credit may also be considered as an agreement, creating a continuous obligative relation. It has also various types, such as instalment sales, creating a two-sided relationship between the seller and the buyer; and personal loans (individual credits), credit cards, leasing, creating a three-sided relationship. In the modern usage, only personal loans are named as consumer credit and they also have two types, which are the free (cash) credits and bound (linked) credits. Our thesis deals with individual credits as a whole. In the development process of consumer credit, as the new forms of credit were created and the need for credit increased, the problem of consumer protection started. Because, the consumer is the weaker party in this agreement, and mostly the creditor imposes to the consumer the general terms of business, while concluding the agreement. The consumer has nearly no means of negotiation and he/she has to accept all these terms, in order to enter into this agreement. The only way of protecting the consumer is to prepare legislation in a broad approach of the agreement. The first legislation was prepared in the USA. Then United Kingdom was the first in Europe to follow USA, with the 1974 Consumer Credit Act. Then a need of harmonisation increased among the Member States of the European Community in the field of consumer credit and the first Directive of 22. 12.1986 was adopted. In 1990 this Directive was amended by another Directive and both of these Directives form the policy of the341 European Union about consumer credit. After the adaptation of these Directives, the Member States, created their own legislation one by one, in such a way of following the pattern of these Directives. While adopting their own legislation, the Member States may not bring a lower protection to the consumer, but they may adopt rules of higher protection, when compared to these Directives. Germany was also, one of the first in enacting a code and in the end of 1990, German Consumer Credit Act was enacted. In our country, the first consumer credit was given in the year 1988. Since then, there has been a rapid increase in the amount of credit given and in the number of consumers who take this credit. But at the same time, many problems, which were created because of this agreement, had been arisen. It became a necessity to regulate this area. Also it is important for Turkey, to unify her legislation with the EU legislation. Considering all these facts, the Consumer Protection Act was adopted in 23.2.1995. This is a general act, trying to regulate various different fields related with consumer, and article 10 of this Act is devoted to consumer credit. Though this is a positive achievement in protecting the consumers and balancing the relations between the creditors and the consumers, it is naturally not enough to regulate a huge field, like consumer credit, with only one article. In our study, we try to explain all the legal aspects related to consumer credit, by making comparisons between our system, European Union Directives, English and German legislation. According to article 10, consumers may be natural or legal persons, taking credit for private purposes. Banks and financial institutions are allowed to grant consumer credit. The agreement between the consumer and the creditor should be concluded in a written form and certain terms, which are stated in this article, should be included into this agreement. Also a copy of this agreement should be given to the consumer. After the enactment of the agreement, the creditor is not allowed to change any of the provisions of it. In our system, unlike the European system, none of the contracts of consumer credit are exempted as a function of their value. In a consumer credit agreement the time of repayment in instalments is generally fixed in the agreement. Before the Consumer Protection Act, the consumers did not have the chance of early repayment under the provisions of the Code of Obligations. But this new Act, gives the consumer, the right to discharge his/her obligation before the fixed date. Further more, in that situation the consumer is entitled to an equitable reduction in the interest and the commission. But the way of calculation of such a reduction is not expressed in the Act, which can be regarded as a deficiency of the Act.342 The new Act, also introduces the liability of the creditor in bound (linked) credit agreements. That is to say, if the credit is given on the condition of buying goods and supplying services from a definite seller/supplier, or if the goods and services are definite, then the creditor will be liable because of the defect in these goods and services. The liability of the creditor is joint and several liability. Though this is a protective provision for the consumer, a very important aspect of liability is not regulated. The Act brings no provision about the non suppliance or partial suppliance of the goods and services. This is one of the biggest gaps created by this Act. A very protective and useful device for consumers in consumer credit agreement is the cooling-off period, which is applied in many European Countries. But our Act does not regulate anything related with the cooling-off period, and this is an unprotective approach for the consumers. Also the use of bills of exchange and other negotiable instruments is not limited in our system. This is very dangerous for the consumers and according to our view some limits should have been introduced by the Consumer Protection Act. When we compare, our law with the European Union law, English and German law, in the aspect of the consumer credit, it can easily be examined that though there has been a great improvement, regulating consumer credit with just one article is not enough. We couldn't achieve our goal of unification, as it should be. So according to us, there is a great need of a separate act, regulating only consumer credit with a broader approach in our country. t& ÜKSHÖ6BETÜ mmih
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