7223 Sayılı Ürün Güvenliği ve Teknik Düzenlemeler Kanunu m. 19 Hükmü ile Öngörülen Geri Çağırma Yükümlülüğü Üzerine Düşünceler

ABSTRACT…

Due to the division of labor and mass production, the marketing of dangerous products is inevitable despite all measures taken. In order to protect the society from such hazards, recall is one of the measures implemented by several jurisdictions worldwide. However, recalling products is being deemed effective yet costly. Within this scope Article 19/3 of the Law No. 7223 on Product Safety and Technical Regulations, which was published in the Official Gazette dated 12 March 2020 and entered into force one year later, provides for the obligation of the economic operator, i.e. primarily manufacturers and importers, to offer a consideration to the end-user in the event of a recall. This consideration can take the form of either a free replacement, refund of the current selling price or a free repair. In most cases, this may result in the contractually protected interest of the end consumer being satisfied by economic operators, even though there is no contract between them. Although such an obligation might seem desirable to protect end-users, overlapping of contract law with tort law can lead to problems.…

Keywords: duty to recall, duty to prevent harm, product liability, product safety…