Burden of Proof

6 Of The Turkish Civil Code. according to Article 190 of the Code of civil procedure, ” unless there is a provision to the contrary in the law, each party is obliged to prove the existence of the facts on which it bases”. according to the article, “the burden of proof belongs to the party that claims in its favor from the legal outcome connected to the case, unless there is a special regulation in the law.” says.

Exceptions provided for by law are liability for defects, both from torts and from separation into debt. In both cases, the basic condition of compensation is that the wrongdoer or debtor is defective. In this case, the party damaged by the unjust action of another is obliged to prove not only that it was unlawfully damaged, but that the defendant’s action against it was flawed. When that happens, the court can rule on compensation.