Business Law Deneme Sınavı Sorusu #1007932
Hence according to Article 28 of the Code of Obligations, in the case of an evident disproportion in the relative considerations passing between the contracting parties due to one party taking advantage of the distress, the inexperience or the improvidence of the other party, the prejudiced party may within one year rescind the contract and demand restitution of the consideration already given.
Which one is anacted with this article of Code?
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Unconscionable contract |
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Torts |
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Unfair competition |
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Unjust enrichment |
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Default of the creditor |
In an equal bilateral contract, the considerations of the parties are mutual, but these
mutual considerations are not required to be equal in value. But when an apparent disproportion in the mutual considerations is due to one party taking advantage of the circumstances, this shall not be allowed. That in the case of an evident disproportion
in the relative considerations passing between the contracting parties due to one party taking advantage of the distress, the inexperience or the improvidence of the other party is anacted as unconscionable contracts in the obligation law. So, in this article unconscionable contracts is anacted.
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