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Producing and evaluating evidences in action for divorces

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2021
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Abstract (EN)

The thesis named Producing and Evaluating Evidences in Actions for divorce is considered on how the evidences are produced and brought to the court and how the evidences are evaluated by the court in action for divorce. The considerations are within the scope of the principles that govern the proceedings, moreover, proof evidences and unlawful evidences are discussed. Family, is one of the main units of a society. The marital union is completed via marriage agreement that is made by spouses in accordance with the duly procedures. Divorce is one of the common reasons extinction of the marriage. The actions for divorce are very significant to the parties of the cases as well as the society. The claimant must file his or her divorce petition that grounds a reason or reasons for divorce to the requirements stated in the Turkish Civil Code. In an action for divorce, the parties shall prove their claims and defenses. The proof that shall be demonstrated by the parties is required to be duly and is required to be via lawful evidences. The divorce is granted with finalization of the constitutive decree issued by the court at the end of the action for divorce. The actions for divorce are subjected to different regulations with the other actionsdue to its significance. These differences are mostly within civil procedural rules which serve the purposes to keep marital unity together and to protect the interest of the parties, children and public. Especially producing the evidences and bringing evidences to the court and assessment of the evidences freely by the judge and grounding the evidences on the decree in accordance with the judges personal conviction are very important. Therefore, actions for divorce differed from other actions in respect to matters of proof and evidences.

Author

Aslıhan Aksakal

How to Cite

Aslıhan Aksakal (Master Thesis). Producing and evaluating evidences in action for divorces, 2021, Çankaya University.

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