Standardized Terms of Contract in the Context of Unfair Contract Terms

Due to the shifting social norms, cultural standards, and demands in today's world, the law is also changing and attempting to strike a balance between justice and modern solutions.The notion of freedom of contract, which is fundamental to both liberal and private legal systems, has undergone several limitations since the Industrial Revolution, contributing to the evolution of law.Standardized terms of contract are included in contracts used in many fields such as banking, insurance, travel, transport and labor law.In terms of standardized terms of contract, these two points should not be overlooked.The first of these is that the will of the parties is essential within the scope of freedom of contract.In markets dominated by competitive conditions, conditions agreed by negotiation or bargaining should not be interfered with, even if it is against the consumer.The second is that non-negotiated conditions do not impose obligations against the consumer contrary to the principle of honesty.In consumer transactions other than the standardized terms of contract where the seller or provider is not in a dominant position, the main thing is that the parties mutually negotiate and accept their performance obligations.