Obligations to cooperate and rights of refusal of third parties in the taking of evidence in civil proceedings

In addition the judge and the parties, third parties who are not parties to the proceedings also play a role in the collection of evidence. Third parties assist the party who provides the burden of proof in proving the facts and to reveal the truth in the proceedings. In our legal system, third parties who are heard as witnesses, who are obliged to submit documents or who have obligations such as participating in discovery examinations on assets are obliged to cooperate to the collection of evidence in the civil proceedings. It is important to examine these types of obligations of third parties, the conditions necessary for the emergence of the obligation and the consequences arising from the moment the obligation arises. The rights of refusal is also recognised for certain interests of the third party. The third party may avoid these obligations by claiming the rights of refusal for the reasons foreseen in the law. When the obligations constitute an interference with the fundamental rights and freedoms of a third party regulated in the Constitution, the third party may object to the obligations. It is also important to identify the reasons for refusal and objection and to analyse their conditions and consequences. In this study, the purpose of the obligation of third parties to cooperate to the collection of evidence, the types of obligations, conditions, scope and consequences will be explained. In addition, the rights of refusal and other reasons for objection will be analysed in the study. If the obligation is not fulfilled, the third party will be subject to sanctions prescribed by law. What these sanctions are, their purpose and nature will also be discussed in the study.