Unconscionability (gross disparity)

Under Turkish law, unconscionability (gabin, statutorily aşırı yararlanma) exists where there is a clear disproportion between the parties' performances and that disproportion was obtained by exploiting the victim's distress, imprudence or inexperience. Both the objective element (gross disparity) and the subjective element (exploitation) must be present.

Typical examples include a person in urgent need of cash selling real estate far below its value, or goods sold at an exorbitant price to someone unfamiliar with the market. The injured party may declare itself not bound and reclaim its performance, or keep the contract and demand that the disproportion be removed.

These rights are subject to statutory time limits. A merely bad bargain is not enough: what matters is the deliberate exploitation of the other party's weakness.