IN TERMS OF CONSUMER PROTECTION IN BANKING ACTIVITIES, DEMANDED UNFAIR FEES AND COSTS ALSO REPAYMENT OF THEM

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Tarih

2016

Dergi Başlığı

Dergi ISSN

Cilt Başlığı

Yayıncı

ISTANBUL UNIV, FAC LAW

Erişim Hakkı

info:eu-repo/semantics/closedAccess

Özet

Within the framework of the banking activities, various legal transactions are performed between the banks-financial institutions and consumers. The banks and financial institutions demand certain fees and costs in relation to these transactions, which have the characteristics of consumer transaction. In the period of the Law numbered 4077, many disputes related to these transactions have been occurred between the banks-financial institutions and consumers. In terms of this, subjects most of the disputes heard at the arbitration committee for consumer problems and consumer courts have been consisted of consumer loan agreements and fees and costs demanded from consumers for credit cards. High Court of Appeal (Yargitay), has developed case law at the disputes appealed to it that the fees and costs may be claimed from the consumers provided that these are fair, reasonable and documented. In this context, principles in Law on Protection of Consumers numbered 6502 have been set out to clarify what kind of fees and costs may be claimed against the consumers. Also, the type of the fees and costs which may be claimed have been identified in the Regulation on Principles and Procedures Related to Fees to be Charged on Financial Consumers issued based on this Law. With these regulations, it is intended to avoid claim of unfair costs and fees from consumers.

Açıklama

Anahtar Kelimeler

Banking Costs, Banking Fees, Return of Fees and Costs, Protection of Consumers

Kaynak

JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI

WoS Q Değeri

N/A

Scopus Q Değeri

Cilt

74

Sayı

1

Künye