The new Turkish Code of Obligations (which shall come into effect on July 1, 2012, Law No.6098, 2011) has been drafted to give more rights to buyers, in alignment with the Law Regarding the Protection of the Consumer (Law No. 4077, 1995) (the “LPC”), and introduces major changes to the product liability provisions of the current Code of Obligations (Law No. 828).

Specifically, having purchased a defective product, among the optional rights of the buyer i.e. (i) renunciation of contract and a refund, (ii) replacement of the goods by non-defective generic goods and (iii) reduction in price in proportion to the defect, another option to request free repair presented by the LPC is also introduced in the new Code of Obligations, provided that he/she informs the seller of the defect within 30 days from the delivery of the product.

Further, as per the current Code of Obligations’ provisions related to ordinary sales i.e. sales not considered as commercial sales and in which neither party is the consumer, the purchaser shall examine goods purchased immediately upon delivery and inform the seller of any defect regarding the qualities guaranteed by the seller in order to hold the seller responsible. The wording “immediately” is amended in the new Code of Obligations to “as soon as possible” in order to protect the benefits of the buyer. Accordingly, if the purchaser fails to perform such notification duty, the purchaser is deemed to have accepted the defective good, unless defects in the goods are hidden.
 
Also, with regard to the prescription period for raising claims related to product liability, the provision has been increased from one (1) year in the current Code of Obligations to two (two) years in the new Code of Obligations.