Pleas and objections in debtor-creditor relationships

Plea is a right belonging to the debtor, which gives him the right to avoid the performance of an obligation thanks to a particular reason. The common characteristics of pleas are: being related to claims, constituting a right, not being subject to the principle numerus clausus, not being time-barred, and constituting a defense mechanism in the field of substantive law. Several criteria, such as the effect of the pleas, the duration of pleas, the scope of the legal results of pleas, and having or not having a legal basis, are used to classify pleas. Among these, the duration of the effects of pleas provides the most comprehensive and fundamental classification. According to this, pleas are classified as perpetual pleas and temporary pleas. Perpetual pleas are: the time-bar plea, the tort plea, the unjust enrichment plea, and the defective performance plea. Temporary pleas are: the non-performance plea, the case of inability to pay plea, the right of retention plea, pleas belonging to the surety, and the pactum de non petendo plea. It is not necessary to assert pleas explicitly out of courts. However, so long as pleas are not asserted before courts, the judge cannot take them into consideration on his own initiative. Objection is the assertion of the facts, which obstruct the existence of a right or dissolve a right. The common characteristics of objections are: being a fact, and dissolving the claims. Objections are classified as the objections that obstruct the existing of a right, the objections that dissolve a right, the objections that delay a right, and. The objections that obstruct the existence of a right are: nullity and deficiency. The objections that dissolve a right are: the assertion of the discharge of an obligation, the end of the period of prescription, the assertion of the rights that have dissolving effect, and the fulfillment of dissolving conditions. The objection that delays a right is the deferral of the due date of an obligation. The objections that prevent the enjoyment of a right are: gambling and betting and extinguishment of a right. The effect of objections comes into existence automatically. As a result, objections may be asserted by all interested persons before courts and are taken into consideration by judge on his own initiative. Keywords 1) Plea 2) Objection 3) Defense mechanism 4) Substantive law 5) Assertion