{"id":3866,"date":"2021-03-17T09:00:00","date_gmt":"2021-03-17T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=3866"},"modified":"2021-06-24T09:21:17","modified_gmt":"2021-06-24T06:21:17","slug":"senet-ile-ispat-zorunlulugu","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/senet-ile-ispat-zorunlulugu\/","title":{"rendered":"Obligation to Prove with a Document"},"content":{"rendered":"
\"Senet<\/figure><\/div>\n\n\n\n

Obligation to Prove with Written Evidence | Obligation to Prove with Documents | Exceptions to Proof with Written Evidence | Exceptions to Proof with Written Evidence | \u0130zmir Lawyer <\/a>| Litigation Lawyer | Izmir Law Firm | Efes Law Firm<\/span><\/strong><\/p>\n\n\n\n

What is a document? What is a promissory note?<\/strong><\/h2>\n\n\n\n

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)<\/a><\/span><\/p>\n\n\n\n

Obligation to Prove with a Document<\/strong><\/h2>\n\n\n\n

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 TL<\/strong>If 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 TL<\/strong>Even if it falls, it cannot be proven without a document. (Article 200)<\/span><\/a><\/p>\n\n\n\n

Prohibition of Proving with Counter-Witness Testimony in Documents<\/strong><\/h2>\n\n\n\n

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 TL<\/strong>Even 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. <\/p>\n\n\n\n

2017<\/strong><\/td>2018<\/strong><\/td>2019<\/strong><\/td>2020<\/strong><\/td>2021<\/strong><\/td><\/tr>
2,590 TL<\/strong>
<\/td>		2,960 TL<\/strong><\/td>3,660 TL<\/strong><\/td>4,480 TL<\/strong><\/td>4,880 TL<\/strong><\/td><\/tr><\/tbody><\/table>
Monetary Limits for the Prohibition of Proof by Document<\/span><\/strong><\/figcaption><\/figure>\n\n\n\n

Consent to the Hearing of Witnesses<\/strong><\/h2>\n\n\n\n

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

Exceptions to the Obligation to Prove with Documents<\/strong><\/h2>\n\n\n\n

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:<\/p>\n\n\n\n