The fictious admission in Civil Procedure

The admission (confession), which submits to the court without the acceptance of any authority or person and can be made the absence of against, is an unilateral declaration containing the information. As a rule, in the Civil Procedure Law, the silence of one-side does not mean that all the against allegations are confessed. But, there are some exceptions to this rule in Civil Procedure Code. At this point, in the facts of a disadvantage and without any direct or indirect declaration, the verification as required by law of a litigant (a party of case) is called the fictious (hypothetical) admission. From this aspect, the fictious admission is a condition that the inactivity or silence of the litigant is decreed "to be considered as the admission" by the law. The three basic features "absence of declaration", "obligation to admission in court" and "indivisibility" of the fictious admission distinguishe it from other similar institutions. Lawmaker attributes the silence or inactivity of the litigant to the result of the fictious admission in the Civil Procedure Code provisions of the evasion of interrogate (art. 170/II), the evasion of oath (art. 229), the evasion of muniment exhibition (art. 220). Key Words: The admission, the fictious admission, the evasion of interrogate, the evasion of oath, the evasion of muniment exhibition.