Master'sOpen Access

Balance of interest in executive law

2008
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Advisor: Doç. Dr. Muhammet Özekes

Abstract (EN)

Executive law, is a sanctioning process where the debtor, who has not paid his/her dept with his/her own will, face with the enforcement of the government. Therefore, the government with its enforcement monopoly must comply with certain principles and rules in applying this sanction through its executive organs. Implementing this principles and rules, the executive organs should act appropriately keeping a balance of both parts? interests.Right is an authority and interest regocnized and protected by the order of law. Executive law is a process that involves conflicts between basic rights of claiment and debtor. The executive organs, who are expected to provide the order of law, should balance the rights and interests of both claiment and debtor. Meanwhile, these executive organs should also consider the rights and interests of third parties who aren?t influenced directly by this conflict.Within this perspective, we will discuss the conflict between the basic rights and the balance of the interests conceptually. In the second part, we will consider the balance of interests from individualistic and time perspective. In the final part, we will evaluate the balance of interests from normative regulations.

Author

Dr. Pınar Çiftçi

How to Cite

Pınar Çiftçi (Master Thesis). Balance of interest in executive law, 2008, Dokuz Eylül University, Özel Eğitim Bölümü.

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