{"id":4402,"date":"2021-04-04T09:00:00","date_gmt":"2021-04-04T06:00:00","guid":{"rendered":"https:\/\/www.efeshukuk.com\/?p=4402"},"modified":"2021-06-24T08:56:59","modified_gmt":"2021-06-24T05:56:59","slug":"isticvap-ne-demek","status":"publish","type":"post","link":"https:\/\/efeshukuk.com\/en\/isticvap-ne-demek\/","title":{"rendered":"What does "interrogation" mean?"},"content":{"rendered":"
\"\u0130sticvap<\/figure><\/div>\n\n\n\n

What Does Interrogation Mean? | Legal Information | Lawyer in Izmir | Law Firm in Izmir | Efes Law Firm<\/strong><\/p>\n\n\n\n

\"\"<\/a><\/figure>
\n

interrogation, <\/p>\n\n\n\n

noun, archaic, (isticva:b\u0131), Arabic <\/em><\/p>\n\n\n\n

Questioning<\/p>\n<\/div><\/div>\n\n\n\n

The court may, on its own initiative or upon request, decide to hear (interrogate) each of the parties to the case regarding the facts forming the basis of the case and matters related thereto.Article 169 of the Code of Civil Procedure<\/a>In the case of legal entities, those authorized to represent them shall be heard; and in the case of a minor or a person under guardianship, that person's legal representative shall be heard.Article 170 of the Code of Civil Procedure<\/a>)<\/p>\n\n\n\n

The person summoned for questioning is personally sent a summons by the court, clearly stating that they must be present at the appointed time and date. The summons also lists the events\/facts that are the subject of the questioning; it also includes a warning that if the party fails to appear without a valid excuse, or if they appear but fail to answer the questions, they will be deemed to have admitted the facts that are the subject of the questioning. If the party summoned to court for questioning fails to appear without a valid excuse, or if they appear but leave the questions unanswered, they will be deemed to have accepted the matters to be questioned by the court.Article 171 of the Code of Civil Procedure<\/a>)<\/p>\n\n\n\n

\u0130sticvap olunacak kimsenin bizzat gelmesi gereklidir. Ancak, dinlenilecek olunacak ki\u015fi, mahkemenin bulundu\u011fu il d\u0131\u015f\u0131nda oturuyor ve bulundu\u011fu yerde ayn\u0131 anda ses ve g\u00f6r\u00fcnt\u00fc nakledilmesi yolu ile isticvap olunmas\u0131 m\u00fcmk\u00fcn de\u011fil ise bulundu\u011fu yer mahkemesi taraf\u0131ndan dinlenilmesi m\u00fcmk\u00fcnd\u00fcr. Benzer bir \u015fekilde, isticvap olunacak kimse hastal\u0131k, engellilik veya benzeri sebeplerle mahkemeye bizzat gelemeyecek durumda ise bulundu\u011fu yerde isticvap olunur. (Article 172 of the Code of Civil Procedure<\/a>)<\/p>\n\n\n\n

The person ordered to be interrogated is interrogated in person. Before beginning, the judge reminds the party that they must tell the truth. The opposing party and their lawyers may be present during the interrogation. The party being questioned may not use written notes without the permission of the court.Article 173 of the Code of Civil Procedure<\/a>)<\/p>\n\n\n\n

The statements made by the party being heard, the questions asked, and the answers given are recorded in the minutes. After the minutes are read in the presence of the parties, they are signed by the party being heard. If they refuse to sign, this is recorded in the minutes by the judge.Article 174 of the Code of Civil Procedure<\/a>)<\/p>\n\n\n\n

Supreme Court of Appeals, 9th Civil Chamber, Case No. 2017\/20557, Decision No. 2017\/7841<\/strong><\/h3>\n\n\n\n

However, in procedures that depend on the person, such as interrogation and oath-taking, The notification should be served to the principal who will be carrying out the transaction, not to the representative. <\/strong>It is a legal requirement.<\/em><\/p>\n\n\n\n

Yarg\u0131tay 19. Hukuk Dairesi E. 2016\/1850 K. 2016\/14265<\/strong><\/h3>\n\n\n\n

The plaintiff filed a complaint regarding credit receipts bearing the company's stamp and signature documenting fuel sales transactions. The court, in its interim decision number 3 dated 20\/12\/2011, ordered an interrogation, and the summons, with annotations, was served to the defendant company on 24\/05\/2012.<\/em><\/p>\n\n\n\n

The defendant neither responded within the given deadline nor appeared in court to make any statement. (Law No. 6100) HMK<\/a>‘n\u0131n 171. maddesi uyar\u0131nca The court ruled that the defendant's failure to appear in court without excuse and his refusal to answer questions would be deemed an admission of the facts. <\/strong>The decision was rendered in writing based on erroneous reasoning and without due consideration, thus necessitating its reversal.<\/em><\/p>\n\n\n\n

Supreme Court of Appeals, 6th Civil Chamber, Case No. 2012\/4304, Decision No. 2012\/7562<\/strong><\/h3>\n\n\n\n

Taraflar aras\u0131nda ara\u00e7 kiralama s\u00f6zle\u015fmesinin varl\u0131\u011f\u0131 ihtilaf konusudur. Akdi ili\u015fkinin ispat\u0131 davac\u0131ya aittir. Mahkemece \u00fc\u00e7\u00fcnc\u00fc ki\u015fi \u00c7an’\u0131n daval\u0131n\u0131n \u00e7al\u0131\u015fan\u0131 olup olmad\u0131\u011f\u0131 hususunda isticvab\u0131na karar vererek daval\u0131n\u0131n davet edilmesine ra\u011fmen gelmemesi nedeni ile \u00e7al\u0131\u015fan\u0131 oldu\u011funu ikrar etmi\u015f say\u0131ld\u0131\u011f\u0131n\u0131 kabul ederek davan\u0131n kabul\u00fcne karar verilmi\u015f ise de, HMK<\/a>‘n\u0131n 169 ve m\u00fcteakip maddelerinde d\u00fczenlenen Interrogation is a procedural step that a judge may initiate, either on their own initiative or at the request of one of the parties, in a lawsuit to clarify certain facts related to that case and to obtain an admission from the party against whom the claim is made regarding its existence or non-existence. It is not a means of proof in itself.<\/strong> The plaintiff's claim is not proof of a validly made delivery, but rather a legal transaction (contract) that cannot be proven through interrogation.<\/em><\/p>\n\n\n\n

However, since the plaintiff relied on the defendant's business ledgers, Turkish Commercial Code<\/a>‘n\u0131n 80 ve 81 ve HMK<\/a>‘n\u0131n 219 ve devam\u0131 maddelerince, hakim daval\u0131 tarafa defterlerini ibraz\u0131n\u0131 emredebilece\u011finden, \u00f6ncelikle daval\u0131n\u0131n bu konuda isticvab\u0131na karar verilerek, daval\u0131n\u0131n ticari defterlerini sunmas\u0131 halinde bilirki\u015fi incelemesi yapt\u0131r\u0131lmas\u0131, daval\u0131n\u0131n ticari defterlerini ibraz etmemesi yahut daval\u0131n\u0131n ticari defterleri ile dahi alaca\u011f\u0131n\u0131 ispatlayamamas\u0131 halinde davac\u0131 delil listesinde a\u00e7\u0131k\u00e7a yemin deliline de dayanm\u0131\u015f oldu\u011fundan akdi ili\u015fkinin ispat\u0131 i\u00e7in daval\u0131ya yemin teklif etme hakk\u0131 oldu\u011fu davac\u0131ya hat\u0131rlat\u0131larak sonucuna g\u00f6re bir karar verilmesi gerekirken, eksik inceleme sonucu yaz\u0131l\u0131 \u015fekilde h\u00fck\u00fcm kurulmas\u0131 do\u011fru g\u00f6r\u00fclmedi\u011finden karar\u0131n bozulmas\u0131 gerekmi\u015ftir.<\/em><\/p>\n\n\n\n

Supreme Court of Appeals, 2nd Civil Chamber, Case No. 2014\/21165, Decision No. 2015\/9882<\/strong><\/h3>\n\n\n\n

The court issued a summons to the defendant woman, stating that if she did not appear in court and answer the questions asked, she would be implying that she had a relationship with another man. Since the defendant woman did not appear despite being served with the summons, the existence of this relationship was accepted, and a divorce was granted. In divorce cases, the parties' admissions do not bind the judge.TMK<\/a>. (Article 184\/3). For the reasons explained, issuing an interrogation summons in this manner is also incorrect according to procedural rules.<\/strong> The file does not prove that the defendant woman committed any culpable act warranting divorce after the plaintiff husband sent her a notice of abandonment. Therefore, while the case should have been dismissed, the decision rendered in writing is incorrect and warrants reversal.<\/em><\/p>\n\n\n\n

For detailed information or questions you can visit Contact<\/span><\/a>page.<\/p>\n\n\n\n

You may also be interested in the following studies:;<\/p>\n\n\n\n

\n
\n