Türk ve Alman Hukuku`nda mesafeli sözleşmeler (Avrupa Topluluğu mesafeli sözleşmeler direktifi ile karşılaştırmalı olarak)
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Relations between European Community (EC) and Turkey started withthe "Association Agreement", signed in 1963. Following, the relations have beenimproved by enacting, respectively, the "Customs Union Agreement", the"Accession Partnership" and the "National Program for the Adoption ofAcquis". Therefore, Turkey is supposed to implement or to interpret its law inaccordance with the EC Law.In this thesis, the Law of distance contracts in relation to the 97/7/ECDistance Contracts Directive, which was implemented into Turkish Law on 6April 2003, is examined. With this regard, it is useful to compare, especially, theEC Law and the Turkish Law of distance contracts. Nevertheless, in order toget a complete picture of the EC Law of distance contracts and itsimplementation into European Union (EU) member states? Law, one mustdiscuss and refer to the relevant law of at least one EU member state. Therefore,Germany?s legal system of distance contracts has been chosen.The thesis consists of the following three main sections: Firstly,"Consumer Protection in Distance Contracts under EC Law", secondly,"Consumer Protection in Distance Contracts under German Law" and, finally,"Consumer Protection in Distance Contracts under Turkish Law". In sectionthree, both, explanations of the relevant Turkish Law, and, a comparisonamong the respective legal systems are made. In conclusion, the rules of TurkishLaw, which establish consumer protection in distance contracts, must bedistinguished into three groups: (i) most of these rules must not be interpretedliterally, but according to the reasoning of the Turkish Government. The literalinterpretation of these rules, based solely on their wording, does, unfortunately,not lead to the conclusion that Turkey has sufficiently implemented its law inaccordance with the EC rules of distance contracts; (ii) other rules can neitherbe interpreted, nor in any other way be regarded as being in line with therespective sections of EC Law; (iii) only the smallest part of EC rules of distancecontracts have been implemented successfully into Turkish Law.