208 NEWSLETTER 2021 Venire contra factum proprium, which is translated into English language as the prohibition of inconsistent behavior, has a place under this umbrella concept, the rule of honesty, and the abuse of right, but it has a separate place from the other appearances and implementations of this umbrella concept. A person who causes the other party to face difficulty by acting in contradiction with their previous behavior, also abuses the other party’s right. For this reason, the prohibition of inconsistent behavior is included under the overall concept of abuse of a right.4 As a general principle, there is no rule or legislation that requires consistency in a person’s conduct. However, should a person in a legal relationship gain the other party’s fundamental trust, this trust is worthy of protection. Therefore, they can no longer behave in such a way as to underminethe trust they have gained, and they cannot cause distress in the other party with their subsequent behaviors; otherwise, these behaviors may constitute an abuse of right.5 In other words, in case a feeling of trust worth preserving has been created by prior conduct, and this prior conduct is nullified with a new behavior, inconsistent behavior occurs.6 Venire contra factum proprium, at this stage, differs from pacta sunt servanda (agreements must be kept). The assumption underlying pacta sunt servanda is that the declared will is binding, whereas in venire contra factum proprium, there is a commitment to the opposite party’s constantina due to trust.7 Elements of the Inconsistent Behavior Prohibition Scholars who have written about this problem generally agree on the elements of the prohibition against inconsistent behavior. The first of these conditions is, undoubtedly, some sort of contradictory or inconsistent behavior. In order to be able to talk about a contradiction in a behavior pattern, first of all, there must be a prior behavior, and then 4 Akyol, Şener: “Medeni HukuktaÇelişki Yasağı”, Prof. Dr. Feyzi N. Feyzioğlu’nun Anısına Armağan, Vedat Kitapçılık 2007, p. 5. 5 Oğuzman/Barlas, p. 261. 6 Kılıçoğlu, Mustafa: Yargıtay Kararları Işığında Dürüstlük Kuralı ve Hakkın Açıkça Kötüye Kullanılması Yasağı İsviçre - Türk Öğretisi, Bilge Yayınevi 2015, p. 9. 7 Akyol, (2007), p.3.
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