The Legal Results of the Abuse of Rights in case of Contradiction to the Formal Rules of Contracts

Abstract

It is impossible for law to regulate each and every kind of relation between persons down to the finest details. Laws usually frame the general terms and principles, but interpretation is necessary to apply these terms and principles to particular cases. Where laws are applied to particular cases rigidly and without any attempt at interpretation, unintended or unfair consequences may follow in the use of rights granted to persons by law. The lawmaker, being aware of the impossibility of the regulation of each and every kind of relation between persons, has laid down Article 2/I of Turkish Civil Code1 , which brings the prohibition of the abuse of such right as a general limitation on the use of those rights. Article 2/I of Turkish Civil Code states that in exercising rights and in performing duties, each party must act in accordance with good faith and fair dealing. Together with the norms that regulate the formation and execution of contracts, the good faith norms lay down a general criterion of behavior for the contracting parties, specifically that the parties are expected to act in good faith towards e