209 LAW OF OBLIGATIONS the existence of a second behavior that contradicts this prior behavior. The first behavior gives the other side an impression that they will be treated in a certain way. Everyone in the same situation must have an objective reason for believing that they will be treated in this way. This preliminary action may be performed by an ordinary action or a legal transaction.8 In fact, even silence may count as a preliminary behavior if it creates a sense of trust. However, the person whose prior behavior is inconsistent is also required to behave wrongfully as well as to break the trust of the other party and to harm them.9 It is possible to say that the most important line between the freedom of people to change their ideas, attitudes or the freedom of being inconsistent, and violating the rule of honesty is the condition of being at fault which is expressed here. Other conditions noted by scholars include the requirement that the trust created by the preliminary behavior should be worthy of trust, and should not violate principles of legal ethics. Prohibition of Inconsistent Behavior in Turkish Practice In many cases in law practice, venire contra factum proprium finds an application area in order to establish the rule of honesty. It is possible to list them as basic categories as follows: • Creating a sense of confidence in the other party that a right will not be exercised • Preventing the use of a time-limited right by delaying the other party • Raising an objection referring to an invalidity or unfairness, which exists in preliminary behavior, when the benefit, arising from invalid or unfair prior behavior ends • Losing the use of a right due to the trust created in the other party due to not using it for a long time • Acting against the trust created in the other party in the way that the contract will be established 8 Akyol, (2007), p.13. 9 Akyol, Şener: Dürüstlük Kuralı ve Hakkın Kötüye Kullanılması Yasağı, Vedat Kitapçılık 2006, p. 58.
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