Forfeiture of the right in civil law
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2021
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Advisor: Doç. Dr. H. Reyhan Demircioğlu
Abstract (EN)
Delayed assertion of a right involves the risk of creating a legal appearance that the right will no longer be asserted, on the other party. While the time goes by, the other party, who had expected the right to be asserted at the beginning, develops an expectation, and concludes a result from the situation (s)he was in, that the right will not be asserted anymore. While the delay continues, this conclusion turns into a trust, in the context of the circumstances of the concrete case. Of course, even after this trust is emerged, the right holder has an interest in asserting her/his rights. On the other hand, in case of this interest be protected by law some unfair results, which can be shake the balance of interests between the right holder and the other party, may be occurred. Because the assertion of the right after the other party adjust herself/himself to this trust may put the other party in a disadvantaged position compared to the exercise of the right without delay. The conflict between the interest granted by the right to the owner of the right and the other party's interest that based on the protection of her/his trust by law is caused by the late assertion of the right in violation of the objective good faith principle. Event groups that refer to the delayed assertion of the right in violation of the objective good faith principle are met with the doctrine of the forfeiture of the right (Verwirkung).
Author
Reyhan Tuhan Boz
Institution
How to Cite
Reyhan Tuhan Boz (Doctorate thesis). Forfeiture of the right in civil law, 2021, Ankara Hacı Bayram Veli University.
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