Foreign and foreign-language documents in terms of civil procedural law

The proof procedure, which is defined as the process of convincing the court whether the facts related to the subject are true and existent or not, can also be carried out with foreign documents and documents drafted in foreign languages. It is possible to define the term of foreign document as "document containing foreign element". Within the scope of our study, the issue of evaluation that the said documents will be subject to Turkish courts has been discussed. Accordingly, the qualification process should be carried out in the first stage, the admissibility examination in the second stage, and the determination of the objective burden of proof in the third stage; while the aforementioned issues were examined within the scope of our study, the distinction between substantive law - procedural law and fact - law distinction was mentioned and the application of foreign law by Turkish courts is discussed. When examining foreign documents, the court should not ignore the foreign element; must make determinations in accordance with conflict of laws rules, excluding directly applicable rules. The point to be considered in the matter of the examination of documents drafted in a foreign language by the courts is whether there is an obligation to draft the document in Turkish. At this point, our study includes the regulations in our law, such as The Law No. 805 on the Compulsory Use of Turkish in Economic Institutions, which is controversial in terms of many issues, has been examined in detail.