The Prohibition of Inconsistent Behavior* Tolga Sevinir Introduction The principle of the prohibition of inconsistent behavior (venire contra factum proprium), which first appeared in Roman law and evolved over the centuries, has now found its place in the “rule of honesty,” which is a fundamental concept of modern legal systems. The rule of honesty, which can be defined as the behavior expected from a person as an honorable and honest person,1 is the ethical basis that forms the framework of the exercise of rights in our legal system. This rule, which finds its expression in the Swiss and Turkish Civil Codes as a general rule with a wide implementation area, is included in the French, German and Italian Civil Codes only in terms of the interpretation of contracts and the performance of debts.2 On the other hand, the principle, which is called the prohibition of abuse of right in civil law, has found a wide implementation area in common law - especially American law - under the name of “estoppel”.3 The inclusion of the principle of honesty at the beginning of the Turkish Civil Code (“TCC”) shows how fundamental it is. The rule came into existence through Article 2 of the TCC, which states: “Every person must act in good faith in the exercise of his or her rights and in the performance of his or her obligations.” The question of abuse of the rule of good faith is dealt with in the second paragraph of the same article as follows: “The manifest abuse of a right is not protected by law.” * Article of September, 2021 1 Oğuzman, M. Kemal / Barlas, Nami: Medeni Hukuk- Giriş Kaynaklar Temel Kavramlar, Vedat Kitapçılık 2011, p. 245. 2 Oğuzman/Barlas, p.245-246. 3 Ayhan, Feyza Eker: “Tahkim Anlaşmasının Üçüncü Kişi Lehdara Teşmili”, Galatasaray Üniversitesi Hukuk Fakültesi Dergisi Prof. Dr. Ata Sarkman’a Armağan, V. 2011/1, p. 101.
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