Term of Overcharge

Overcharge is a disproportion between decency and counterproduction by taking advantage of the inexperience or thoughtlessness of the opposite party in a difficult situation (in an auction). According to TBK;


“If there is a clear disproportionality between mutual acts in a contract, it is decidedly

disproportionality, from the distress or indiscretion of the harmed person, or

if it is carried out by taking advantage of his inexperience, the harmed, the situation

according to the property, either by notifying the other party that it is not bound by the contract, the return of its operation

or, by adhering to the contract, it may request decoupling the disproportion between acts.

He has learned this right, thoughtlessness or inexperience that has been damaged; in a difficult situation

in case of a stay, one year starting from the date of disappearance of this situation and in any case the contract

it can be used within five years starting from the date of its establishment.”


Technically, in order for us to talk about Overcharge, the excessive disproportion in question must be present at the time the contract was established.


The first condition of Overcharge is an objective condition: there must be an excessive disproportion between decency and counterproduction during the establishment of the contract.


The second condition of Overcharge is the subjective condition: the subjective condition refers to the occurrence of excessive disproportionality by using a special situation. These subjective conditions can be due to difficulty ,inexperience and thoughtlessness.


Another condition of Overcharge’s is the exploitation caste. The other party must have the intention to exploit this particular situation. As a result of Overcharge, the contract will be cancelled.

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