EXAMINATION OF THE PROBLEM OF WHETHER THE CONSUMER, WHO RESCINDS A CONTRACT DUE TO DEFECTIVE GOODS HAS TO PAY THE DEBT FOR THE USAGE FEE IN ACCORDANCE WITH THE LAW NO. 6502 ON PROTECTION OF THE CONSUMER

There is no explicit regulation in Turkish Code of Obligations regarding whether the purchaser rescinds a contract based upon defective goods shall pay the usage fee for the issues where general provisions are applied. The general view is that if the purchaser has obtained a benefit by using fruitless product, he/she is obliged to pay a usage fee within the scope of Turkish Code of Obligations Article 229/1 in return. The Court of Cassation decides on payment as the usage fee upon the right of rescission of the contract on the grounds of defective goods where general provisions are applied in terms of its consistent decisions. However, in the decision of the General Assembly of Civil Chambers of the Court of Cassation dated 22.06.2005, it is stated that the usage fee shall not be paid due to lack of a provision in Law on Protection of the Consumer regarding the payment of the fee by consumer, who rescinds the contract because of defective goods. This decision has led to different views in the doctrine whether to pay the fee of use in consumer transactions. The aim of the study is to address whether the consumer rescission of the contract due to defective goods in accordance with the Law no. 6502 on Protection of the Consumer has the obligation of payment for the usage fee. First of all, legal regulations are examined. Then, the obligation of paying the usage fee is explained with its justifications in terms of the European Union law. Finally, it is clarified how the usage fee should be calculated