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Abstract


CONSENT OF THE DAMAGED PERSON AS A REASON FOR COMPLİANCE İN THE LAW OF OBLİGATİONS

The consent of the injured is regulated as a reason for compliance with the law, which eliminates the unlawfulness in the second sub-article of Article 63 of the Turkish Code of Obligations. It is stated in the second sub-article of Article 24 of the Turkish Civil Code that the consent of the person whose personal rights are damaged will bring the attack on the personal rights into line with the law. Although the concept of consent is included in various legislative provisions, the definition or legal nature of this concept is not regulated in the legislation. In this study, first of all, the legal nature of the concept of consent was examined by considering the definition of consent and the opinions in the doctrine. In the Turkish code of obligations, it is regulated that the person can consent to the violation of his property rights and certain personal property rights, and that this consent will bring the violation into compliance with the law. In order for situations that eliminate the unlawfulness to come to the agenda, there should be an unlawful action in the middle and usually this action violates the right of someone else or public order, national security, general health, and various categories and interests, so balancing between conflicting interests is a very important and controversial issue. In this study, the conditions that consent must meet in order to be valid as a reason for compliance with law are mentioned. The consent that satisfies the necessary conditions and validity will eliminate the illegality of the act.



Keywords
Law of Obligations, contrariety to law / Illegality, compliance with laws / Legality, Damage, Consent, Post Facto Consent, Implicit Consent



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