Waiver of subjective right by silence (tacit waiver)

The study presents a number of issues related to the tacit waiver of subjective right; in particular, it provides a theoretical definition of the waiver of subjective right, discusses the attitude of the Supreme Courts (the Court of Cassation and the Constitutional Court) of the Republic of Armenia towards the tacit waiver of subjective right. In the author’s opinion, a waiver of subjective right means the state legal interference in the rights of a person based on his consent by silence when consent of a person is required for interference, however, the authorized body considers the absence (silence) of objection (disagreement) as assumed consent of a person to the act of interference. It is mentioned that, in general, it is inadmissible to consider the silence as consent to the interference in rights. Otherwise, the presentation of objection will turn into an obligation.