The concept of the ordinary flow of life in civil procedure law

The concept of the ordinary flow/course of life appears as a measure used when making an assessment or making a prediction or trying to comprehend an event. As in everyday language, there is an increasing use in law. However, this does not mean that it is a new concept in law. Because, some expressions that have been used as a criterion in evaluation and reasoning processes under different names point to the concept of the ordinary flow/course of life. Accordingly, the concept of the ordinary course of life; It refers to a typical, ordinary, habitual flow or sequence shaped by life experiences, rules of logic and even scientific knowledge. The judge has to make an evaluation at various stages, including the determination of the facts, the legal qualification of the detected facts and the determination of the legal result. Here, one of the criteria used by the judge while making an evaluation is the ordinary flow/course of life. However, when judicial decisions are examined, it is seen that the mentioned concept has a much more intense use in proof. Because, the concept of the ordinary course of life is frequently used in matters such as demonstrating the reliability of an evidence, determining whether a fact has come true or not as claimed, and the value of an existing or proven fact in terms of a separate/independent fact. Therefore, in this study; After making general explanations about the concept of the ordinary flow/course of life, the place of the concept in proof, its relationship with the basic concepts of proof and what kind of function it undertakes in the evaluation of evidences are tried to be explained.