Gabin is the creation of a disproportion between the act and the counter act by making use of the inexperience or thoughtlessness of the other party in a difficult situation (in negotiation). According to the Turkish Code of Obligations;
“If there is a clear disproportion between the mutual acts in a contract,
disproportion, due to the distress or inconsiderate of the injured party, or
if it is carried out by taking advantage of his inexperience, the injured, the situation
according to its characteristics, or by notifying the other party that it is not bound by the contract, to return its performance.
or by adhering to the contract, it may request the elimination of the disproportion between the acts.
The injured have learned this right, thoughtlessness or inexperience; in times of need
in the event of a stay of one year, starting from the date on which this situation disappears, and in any case
It can be used within five years starting from the date of its establishment.”
In order for us to technically talk about the gain, the excessive disproportion in question must be found at the time the contract is concluded.
The first condition of the gain is the objective condition: There must be an extreme disproportion between the performance and the counter performance at the time of the conclusion of the contract.
Gabi’s second condition is the subjective condition: The subjective condition expresses the creation of extreme disproportion by utilizing a special situation. These subjective conditions are; It may be due to being in a difficult situation, inexperience and thoughtlessness.
Another condition of the gain is the intention to exploit. One of the parties must have the intention to exploit this special situation. As a result of the gain, the contract will be cancelled.
