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ARTICLE · 15 APRIL 2020

Evidential Contracts In Turkish Law Of Evidence

In the Turkish legal system, transactions exceeding a certain amount and value shall, in principle, be evidenced by deed (or conclusive evidence).

TurkeyLitigation, Mediation & Arbitration

Introduction

In the Turkish legal system, transactions exceeding a certain amount and value shall, in principle, be evidenced by deed (or conclusive evidence). To the contrary, the principle of circumstantial evidence is recognized with respect to legal acts and transactions that are below a certain value. In such cases where the circumstantial value is recognized, the parties may prove the legal actions or transactions through any kind of evidence. In some cases, the parties to an agreement may agree upon which evidence may be used for proof of fact. In this respect, the agreements concluded for determining the means of evidence for a legal transaction or fact are regarded as evidential contracts.

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