Medeni Usul Hukukunda Delillerin İleri Sürülmesi

Abstract

In this study, we aimed to examine the presentation of evidence in terms of civil procedure. The study is composed of an introduction, three chapters and a conclusion. In the first chapter, firstly general information about proof, evidence and burdens related to proof was given and burden of adducing evidence which corresponds to the burden part of the presentation of evidence was evaluated. Then, by trying to explain what is meant by the notion of the presentation of evidence, it has been attempted to distinguish the presentation of evidence from the other concepts involved in the proof activity. In the last part, the relation between the presentation of evidence and the principles and obligations prevailing the civil proceedings was put forward. In the second chapter, first of all, it has been investigated to what stage of the first instance trial proceedings an evidence can be presented in written and simple jurisdiction procedures, under what conditions the evidence can be submitted after the time foreseen in the law, and how the evidence can be put forward. Later on, it was addressed whether it is possible to present evidences in appeal process, and in which circumstances it may be allowed to put forward new evidence in terms of the ordinary and the extraordinary legal remedies. In the third chapter, the presentation of evidence was examined in the light of the types of evidence, and the actions to be performed by the party for each type of evidence were covered. Afterwards, the relation of the presentation of evidence to the prohibition of extension and amendment of the claim and defense, and to the litigation fees were scrutinized.