The Limitation of evidence by parties in Turkish Civil Procedure

m ABSTRACT Tolga AKKAYA Department Of Private Law Anadolu University of Social Science, January 2003 Advisor: Associate Profesör Halûk KONURALP In this thesis called "the limitation of evidence by parties in Turkish civil procedure law" the limitation of evidence has been examined from the point of view of its place in civil procedure law and its practice. Limitation of evidence, a procedural action which has not been put in order by the acts and which sets a limit to parties in presenting any extra evidence, has not been a subject for any academic research in Turkish Law circles until now. Limitation of evidence, a procedural action which in the case of mistake may be so important as to cause the parties to lose the rights they hoped to obtain by opening a case, has been examined in respect of elements, kind, time and legal effects. In the first and general section of the thesis under the title of "some basic concepts concerned with the civil action principles of procedure with regard to limitation of evidence"; firstly the basic concepts of the law of evidence secondly the court and the parties procedure actions then the principles of procedure concerning the limitation of evidence and finally the trial have been examined. In the second and special section of the thesis, under the title of "limitation of evidence"; firstly basic concepts which serve the purpose of collecting evidence, then the form and time of limitation of evidence, some special circumstances concerning limitation of evidence and finally limitation of evidence in the field of private trial procedure and peaceable adjudication in civil cases have been examined.