211 LAW OF OBLIGATIONS In a decision, dated 14.09.2019, and numbered 2008/9407E. 2009/22810 K., the 9th Civil Chamber of the Court of Cassation stated that even if the statute of limitations has expired, if the debtor has acknowledged his debt, his defence based on a statute of limitations will constitute a prohibition of inconsistent behavior and, pursuant to Article 2/2 of the TCC, must not be evaluated by the judge. Conclusion Although the legal order has given certain rights and powers to individuals to use freely, the use of a right may result in legal but unfair results. Considering that the idea of the legal order is the absolute establishment of fairness and justice, an exceptional power called the “rule of honesty” has been given to the judge to prevent such legal but unfair situations. This power appears in different ways in various fields of law, and the abuse of one’s right deliberately by inconsistent behavior is also contained within the rule of honesty.If one party does something that creates a sense of confidence in another party, and then later does or says something that contradicts or undermines that, courts may act to protect the second party, regardless of whether the first party has an otherwise valid claim under the law.
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