İnşaat Hukuku ve Uygulaması

In the existing consumer directives, there are already many models of targeted harmonisation. The harmonisation of individual aspects of the protection of consumers in residential construction contracts on the model of existing EU rules, and by taking into account all the specific characteristics of a construction contract, would result in the more con-Sayfa 427sistent protection of consumers in the European Union. Regarding the information requirements, numerous consumer directives lay down all information that a trader/supplier/creditor must supply to the consumer, all formal requirements, and the consequences of the violation of the rules on pre-contractual information.(62) The existing rules on information requirements can be a model for the organisation of the obligation to inform when a residential construction contract is involved. The content of the particular pieces of information and the essential contractual clauses should be adjusted to the main characteristics and the purpose of a construction contract (content of the construction service, description of the construction, calculation of the price, change in the price, supervision and similar elements). The right to withdrawal could also be defined on the model of the existing consumer directives.(63) The rights of consumers in the event of defects on the building or delays of delivery can be regulated in such a way that they are complementary to the rights of consumers in the event of defects on the delivered goods, delays in the delivery, or other cases of non-fulfilment of the contract.(64) Finally, there are already harmonised rules for protection against insolvency and they could be adjusted to serve the purpose of protecting consumers in residential construction contracts.(65) As in the already existing consumer directives, the rules on the rights of consumers in residential construction contracts should be mandatory, so that they might not be waived by the consumer, or limited in any way. Sayfa 428

4. Concluding Remarks