In terms of civil procedure law allegation of falsity in documents and common documents
2019
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Advisor: Prof. Dr. Ali Cem Budak
Abstract (EN)
With the entry into force of the Civil Procedure Code, the concept of records and documents, which has a more general scope than deeds, was adopted. The records and documents is an evidence with different elements in terms of various legal fields. The deed, which is a kind of the records and documents and which has the definitive evidence nature, is an important proofing tool. The effects and the results of the falsity claims are important in terms of the deed, which will be eliminated as the definitive evidence with the assertion of fraud. In this context, the allegation of falsity of records and documents and deeds is an issue that needs to be addressed. In the first chapter, the concepts are discussed. The concept of the records and documents regulated in the Civil Procedure Code is explained by comparing the concept of the document regulated in the Turkish Penal Code and the Right to Information Act. The concept of deed is clarified with the accepted definitions and elements in the doctrine. In addition, both of the concepts of the current documents (deed) until the proof of falsity and the valid documents (deed) until the proof are discussed. Besides the concepts of denial of the letter and signature and the concepts of claim of falsity and the legal nature of the claim of falsity are clarified. In the second chapter of the thesis, the scope of falsity claims in terms of the types of records and documents and promissory types are explained. Moreover, the effects of counterfeiting claims and the types of frauds that are frequently encountered in practice are explained. In this context, the implications of counterfeiting as a preliminary question or the effects on account of alleged fraud case and whether the allegation of falsity can be taken into consideration without any claims are discussed. In the third and last chapter of the thesis, it is explained how the falsity claim shall be examined in terms of the records and documents and promissory types besides the effects of the decisions to be taken as a result of the falsity investigation. In addition, the situations considered as reason for the extradition of the proceedings after the court's decision based on falsity claims are examined.
Author
Tülay Özer
How to Cite
Tülay Özer (Doctorate thesis). In terms of civil procedure law allegation of falsity in documents and common documents, 2019, Yeditepe University.
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