Özet:

The breach of interest is a condition of the cancellation proceedings. The objective driving license condition of the cancellation case, which is one of the most important means of implementation of the rule of law. According to the judgment, in order for the infringement of interest to occur, the interest concerned must be legitimate, up-to-date and personal. The nature of personality, which is subjective to the other two qualities, differentiates the scope of the concept of interest infringement in court decisions and leads to the appearance of certain interests. The first part of the study examines the concepts of the rule of law and the cancellation case. In the second part, the concept of interest is compared with the concept of right and the qualities determined by the judgments are revealed. In particular, the personal nature of the interests and groups arising from the judgment are examined.

Özet:

Infringement of interests are competence stipulations unique to the annulment suit. The annulment suit, which is one of the most important vehicles in the realization of the principle of the legal state, expresses the subjective competence stipulation. According to court decisions, the subject interest must be legal, current and personal to realize the infringement of interests. According to the other two attributes, the attribute of being personal, which is subjective, undergoes a change in scope of the infringement of interests in the court decisions and paves the way for the emergence of specific interest subjects. The legal state and the annulment suits are examined in the first section of study. Whereas, in the second section, a comparison is made between interest and right and its attributes are set forth that determine the judicial precedents. Especially, the interest subjects and groups are examined according to the attribute of being personal.

Anahtar Kelimeler: