210 NEWSLETTER 2021 • Acting against the trust of the representative by revoking the authorization and by prompting the representative to an unauthorized action The prohibition against acting inconsistently has also been implemented in Turkish law and the Court of Cassation has prevented the abuse of the rights in the landmark decisions. For example, one of the most typical examples of the abuse of rights with inconsistent behaviors occurs in the real estate construction sector. For many years in Turkey, the contractors had been deliberately concluding real estate sales contracts that did not meet the legal requirements, and following the completion of the project, they had been avoiding the transfer obligation based on the invalidity of the contract. Although this attitude of the contractors was legally correct due to the invalidity of the contract, but it was also against the rule of good faith and the prohibition of inconsistent behavior. The Turkish Court of Cassation, with its decision of joint chambers, dated 30.09.1988, and numbered 1987/2 E., 1988/2 K.), prevented acting contrary to the created confidence by pointing out the prohibition of inconsistent behavior in the event that the contractor, who initially sells independent sections without a valid contract, delivers them and leaves them to the use of the other party, rejects the transfer of ownership of the independent sections in the title deed (due to the invalidity of the contract). As mentioned above, in some cases, creating a sense of confidence that a right will not be exercised, by staying silent also creates a prohibition of contradictory behavior. This situation is seen often when the penal clause or compensation claims arising from the contract are demanded after being silent for a long time. In another unpublished decision by the Court of Cassation, dated 30.01.2013, and numbered 2012/19-670 E. 2013/171 K.,10 the court ruled that plaintiff’s claim for compensation after 9 years was an inconsistent behavior and abuse of right since the plaintiff had continued their commercial relations for nine years sending a warning to the defendant in order to terminate the franchise agreement. 10 Soylu Ünver, Gülsüm: Güven Teorisi ve Güven Sorumluluğu Kapsamında Yetkisiz Temsilcinin ve Temsil Belgesini Geri Almayanın Sorumluluğu, Master Thesis, Ankara University, Ankara 2018, p.44.
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