Obligation to Prove with a Document

Obligation to Prove with Written Evidence | Obligation to Prove with Documents | Exceptions to Proof with Written Evidence | Exceptions to Proof with Written Evidence | İzmir Lawyer | Litigation Lawyer | Izmir Law Firm | Efes Law Firm

What is a document? What is a promissory note?

Within the scope of the Code of Civil Procedure, a document refers to written or printed texts, deeds, drawings, plans, sketches, photographs, films, video or audio recordings, as well as data in electronic form and similar information carriers, that are suitable for proving the events in dispute. (Article 199)

Obligation to Prove with a Document

Legal transactions carried out for the purpose of the creation, termination, transfer, modification, renewal, postponement, acknowledgment, and extinguishment of a right, the amount or value of which at the time they were carried out is two thousand five hundred Turkish Liras (for the year 2021). 4,880 TLIf it passes through, it must be proven by a promissory note. The amount or value of these legal transactions, for reasons such as payment or debt relief, must be two thousand five hundred Turkish Liras (for the year 2021). 4,880 TLEven if it falls, it cannot be proven without a document. (Article 200)

Prohibition of Proving with Counter-Witness Testimony in Documents

Within the scope of the Code of Civil Procedure, legal actions asserted against any claim based on a promissory note and which are of a nature to eliminate or reduce the validity and force of the note shall be subject to a fine of two thousand five hundred Turkish Liras (for the year 2021). 4,880 TLEven if it relates to a small amount, it cannot be proven by witness testimony. (Article 201) The value mentioned in the relevant article of the law is updated every year.

Consent to the Hearing of Witnesses

Although written evidence is required to prove disputes below the specified amounts, the opposing party... explicit consent In cases where proof by written document is required, witnesses may be heard, reminding them of the provision in the first paragraph.

Exceptions to the Obligation to Prove with Documents

Besides the explicit consent of the opposing party, Article 203 of the Code of Civil Procedure provides for certain exceptions to the prohibition against proving evidence through witnesses. These exceptions are as follows:

• Transactions between descendants and ancestors, siblings, spouses, father-in-law, mother-in-law, and daughter-in-law and son-in-law.
• Legal transactions that, depending on the nature of the transaction and the circumstances of the parties, are not customarily formalized in a promissory note.
• Procedures carried out in cases where obtaining a promissory note is impossible or extremely difficult, such as in the case of fire, maritime accident, or earthquake.
• Claims of defective consent and excessive exploitation in legal proceedings.
• Claims of collusion by third parties regarding legal transactions and promissory notes.
• The existence of evidence or indications that strongly suggest that a document has been lost in the possession of its owner due to an unexpected event or compelling reason, or in the possession of an official to whom it was duly delivered, or in any way at a notary's office.

If a written agreement is signed between close relatives, proof through witness testimony is not permitted.

CourtThe court ruled to dismiss the case because the defendants denied the debt upon the plaintiff's offer of an oath, as the plaintiff was obligated to prove their claim. As a general rule, according to Article 201 of the Code of Civil Procedure, legal transactions that are asserted against any claim based on a promissory note and that would negate or reduce the validity of the note, even if the amount is less than two thousand five hundred Turkish Lira, cannot be proven by witness testimony.

However, although this is the general rule, Article 203 of the Code of Civil Procedure stipulates that legal transactions between close relatives can be proven by witness testimony. The impossibility of obtaining a written document between close relatives mentioned in the aforementioned article is presumed by law, and such an exceptional provision has been deemed necessary. There are no limitations regarding the amount or value for proving legal transactions between close relatives by witness testimony, nor is it necessary to separately claim and prove the impossibility of obtaining a written document.

However, If a legal transaction between close relatives has been documented in a promissory note or a written agreement, the possibility of proving the contrary of the note through witness testimony can no longer be invoked due to moral impossibility. Furthermore, according to Article 203/1 of the Code of Civil Procedure, legal transactions between close relatives can be proven by witness testimony, regardless of their amount or value.

The established practice of the Supreme Court's General Assembly of Civil Law is also along these lines. (YHGK.nun 19.3.2003 da 2003/13-174-Judgment No. 181, YHGK.nun 9.10.1985 and 1984/13-255 Judgment numbered E. 1985/797 K.; YHGK.nun 23.1.1985 and 1983/3-25 E., judgment no. 1985/3K).

SUPREME COURT OF APPEALS, 13TH CIVIL CHAMBER, CASE NO. 2015/41137, DECISION NO. 2017/4373

Evidence Agreement

The parties may agree to rely on witness testimony with the explicit consent of the other party, in accordance with Article 203 of the Code of Civil Procedure, as well as through a valid evidence agreement they conclude between themselves. Through this evidence agreement, the parties may, in writing or through signed statements recorded in court, agree that facts requiring specific evidence under the law may be proven by other evidence or evidences; similarly, they may agree that facts not requiring specific evidence may be proven only by specific evidence or evidences.

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