Consumer Contracts in Private International Law

Under international private law, the issue of consumer protection bears significance regarding conflict of laws rules and international jurisdiction. Turkish Private International Law and International Civil Procedure Code no. 5718 (PIL Code) stipulates the relevant choice of law rules pertaining to consumer contracts under Art.26. On the other hand, the international jurisdiction of Turkish courts over consumer contracts are stated under Art.45 of PIL Code. In determining the international jurisdiction of Turkish courts over consumer contracts, PIL Code refers to Art.26. Hence, the scope of Art.26 regarding the types of consumer contracts it encompasses, bears a great significance both regarding the applicable law and international jurisdiction of Turkish courts. Under the first section of this study, the scope of the Art.26 will be determined. Following this, under the second section international civil procedure rules pertaining to consumer protection are examined. In this context, the legal characteristics of international jurisdiction rules under Art.45 will be explained; the validity of choice of court agreements in matters relating to a consumer contract will be examined; and finally, the recognition and enforcement of foreign judgments regarding consumer disputes will be discussed.