Kişilik Hakları Bağlamında Boşanma Davalarında İspat
Özet
Personal rights are an absolute right that an individual possesses which encompasses all the
values and personalities of such individual. The rapid development of today's technology
has greatly increased the amount and scope of intrusion on different areas of individual
private life. With the emergence of different intruding methods, the private life of
individual has become more exposed to infiltrations.
Divorce cases are closely related to the private and confidential life of an individual, and it
is a part of the personal rights of spouses. Hence, it sometimes becomes inevitable for a
spouse who is a plaintiff to intrude the rights to privacy of the other. Since the violation of
personal rights will constitute a violation of the law as a rule, it is taken that the proof
evidence obtained in this way has been obtained by illegal means. According to the Code of
Civil Procedure No. 6100 m. 189/II, it is clearly stated that the evidence obtained
unlawfully cannot be considered by the court in the proof of a fact.
On one hand, there is the right of proof, which is an element of the right to a fair trial and
the right to be heard; On the other hand, there is the right of personality. There is no
unanimous approach to which of the conflicting values should be given priority. If it is
accepted that the right of proof is superior to the right of personality, the use of the right of
proof will be considered as a reason for compliance with the law. On the other hand, if
personality rights are given priority, the intruding of the spouse, who is in the act of
proving, against the personality right of the other will be considered unlawful, and this
situation will bring the evaluation of the legality of the evidence to the proceedings.
