The developments in communication and internet technologies have reshaped trade and even introduced totally new business models and commercial practices in the century. Companies became capable of supplying products in a digital environment, a practice with many gray areas and blurry lines, in legal systems that have so far had the provision of physical goods and services at its focus. These swift but impactful developments have put consumers in a vulnerable position against the companies. This fact, along with the EU's ideal of establishing a single digital market, resulted in the EU's regulation of digital products with a maximum harmonization tool, namely, the Directive (EU) 2019/770. In this book, while an analysis of the novelties by the Directive (EU) 2019/770 into EU law will be analyzed at one hand; at the other, the Turkish consumer protection rules which do not yet have specialized rules concerning digital products will be put under the microscope. The reader will have the opportunity to find answers and solutions to several Turkish consumer law related problems in the realm of digital products.(ARKA KAPAKTAN)
TABLE OF CONTENTS
Chapter 1: INTRODUCTION
1.1. General Overview
1.2. Research Question and Methodology
1.3. The Outline of the Study
Chapter 2: OVERVIEW OF THE DCD
2.1. Background Information Regarding The DCD
2.1.1. Background and Context of the DCD
2.1.2. Steps and History Leading to the Adoption of the DCD
2.1.3. Purposes of the DCD
2.2. EU Consumer Protection Legislation
2.2.1. CRD
2.2.2. SGD
2.2.3. The Relationship Between EU Legislation and National Legislation in Member States
2.3. A General Overview of The DCD and Its Transposition
2.3.1. DCD In General
2.3.2. Transposition of the DCD
2.4. Key Terms Under the DCD
2.4.1. Digital Content
2.4.2. Digital Service
2.4.3. Goods with Digital Elements
2.4.4. The Objective Scope of Application of the DCD
2.5. Conformity to the Contract Under the DCD
2.5.1. Subjective Requirements
2.5.2. Objective Requirements
2.5.3. Integration Requirements
2.6. The Consequences of Non-Conformity Under the DCD
2.6.1. Non-Performance
2.6.2. Defective Performance
2.7. Intermediate Evaluations and Findings
Chapter 3: THE ANALYSIS OF TURKISH LAW
3.1. Turkish Consumer Protection Legislation
3.1.1. TCPA (6502 Sayılı Tüketicinin Korunması Hakkında Kanun)
3.1.2. Bylaw on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği)
3.1.3. TCO (6098 Sayılı Türk Borçlar Kanunu)
3.2. Key Terms Under Turkish Law
3.2.1. In General
3.2.2. Intermediate Evaluations and Findings
3.3. Conformity to the Contract Under Turkish Law
3.3.1. In General
3.3.2. Intermediate Evaluations and Findings
3.4. The Consequences of Non-Conformity Under Turkish Law
3.4.1. In General
3.4.2. Remedies for Defective Performance
3.4.3. Intermediate Evaluations and Findings
Chapter 4: CONCLUSION
REFERENCES
CASES
LEGISLATIVE MATERIALS
TABLE OF CONTENTS
Chapter 1: INTRODUCTION
1.1. General Overview
1.2. Research Question and Methodology
1.3. The Outline of the Study
Chapter 2: OVERVIEW OF THE DCD
2.1. Background Information Regarding The DCD
2.1.1. Background and Context of the DCD
2.1.2. Steps and History Leading to the Adoption of the DCD
2.1.3. Purposes of the DCD
2.2. EU Consumer Protection Legislation
2.2.1. CRD
2.2.2. SGD
2.2.3. The Relationship Between EU Legislation and National Legislation in Member States
2.3. A General Overview of The DCD and Its Transposition
2.3.1. DCD In General
2.3.2. Transposition of the DCD
2.4. Key Terms Under the DCD
2.4.1. Digital Content
2.4.2. Digital Service
2.4.3. Goods with Digital Elements
2.4.4. The Objective Scope of Application of the DCD
2.5. Conformity to the Contract Under the DCD
2.5.1. Subjective Requirements
2.5.2. Objective Requirements
2.5.3. Integration Requirements
2.6. The Consequences of Non-Conformity Under the DCD
2.6.1. Non-Performance
2.6.2. Defective Performance
2.7. Intermediate Evaluations and Findings
Chapter 3: THE ANALYSIS OF TURKISH LAW
3.1. Turkish Consumer Protection Legislation
3.1.1. TCPA (6502 Sayılı Tüketicinin Korunması Hakkında Kanun)
3.1.2. Bylaw on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği)
3.1.3. TCO (6098 Sayılı Türk Borçlar Kanunu)
3.2. Key Terms Under Turkish Law
3.2.1. In General
3.2.2. Intermediate Evaluations and Findings
3.3. Conformity to the Contract Under Turkish Law
3.3.1. In General
3.3.2. Intermediate Evaluations and Findings
3.4. The Consequences of Non-Conformity Under Turkish Law
3.4.1. In General
3.4.2. Remedies for Defective Performance
3.4.3. Intermediate Evaluations and Findings
Chapter 4: CONCLUSION
REFERENCES
CASES
LEGISLATIVE MATERIALS