The Functions of Exceptio Doli Generalis and its Impacts on Turkish Law
The Functions of Exceptio Doli Generalis and its Impacts on Turkish Law

Author(s): Ipek Söğüt
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Roman law
Published by: Университет за национално и световно стопанство (УНСС)
Keywords: exceptio doli generalis; bona fides; aequitas; principle of honesty; prohibition of abuse of rights
Summary/Abstract: Although there is no general theory of exceptio doli in Roman Law, its application in specific cases shows that this legal instrument played a significant role in mitigating the rigidity of ius civile through praetor’s law, serving equity, sanctioning actions contrary to bona fides and the principle of honesty, and preventing contradictory behaviors. It ensured a certain equity between parties, in other words, justice in concrete cases, prioritized the parties’ intentions over formalism, and prevented unnecessary claims.This paper aims to elucidate the relationship between exceptio doli generalis and universal legal principles such as equity, good faith, the principle of honesty, and the prohibition of abuse of rights. The study will provide insights into the relationship between exceptio doli generalis and principles like equity (aequitas), good faith (bona fides), the principle of honesty, and the prohibition of abuse of rights in Roman Law, as well as their implications in specific cases and their impacts on Turkish Law.

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