The burden of proof in action of replenishment in attachment

The burden of proof determines which party will be decided against if the fact that constitutes the subject of the proof remains uncertain in the judge's mind. In the 6th article of the Turkish Civil Code and the 190th article of the Code of Civil Procedure, it has been stipulated that the burden of proof belongs to the party that took a right from the proof of the case in its interest. The legislator eliminates the difficulty of proving that the party whose burden of proof may face, through presumptions, in some cases. Therefore, the presumptions regarding the ownership of chattels are included in article 97/a of the Enforcement and Bankruptcy Law to be applied in action of replenishment in attachment. While making easier proving, presumptions, on the other hand, bring difficulties in determining the party carrying the burden of proof. However, in recent years, in judicial decisions regarding action of replenishment in attachment, the organic link has been considered in determining the burden of proof. In this study, the burden of proof in action of replenishment in attachment was addressed in the light of the opinions put forward in the doctrine and court decisions, considering the presumptions and the organic link.