Eventualmaxime in terms of collecting facts

Eventualmaxime, which is one of the principles that dominates Civil Procedure Law, means that the parties can present the facts and evidences that form the basis of their claims and defenses up to the procedural section determined in the Law. After this process section, the right to present submissions forfeiture. Eventualmaxime, which emerged in Italian Canonical Law to accelerate the trial, has been valid in varied ways in different legal systems throughout history. It is because of the nature of this principle that Eventualmaxime is very strictly valid in some countries, but not in others. Since Eventualmaxime is not one of the basic judicial rights, it is the preference of policy of the law on how it will be valid. In the first part of this thesis, the scope, the function, the historical development of Eventualmaxime and its regulation in German and Swiss laws and its relation with other principles were examined. In the second part of the thesis, the way in which the cases were put forward in the first instance trial in the Turkish law system was discussed. In this context, submitting facts during exchanging petitions, the restriction of extention and modification of claim and defence after the exchanging petitions in terms of facts were examined. In the third and the last chapter of this study, submitting facts in non-contentious jurisdiction, consumer arbitration committee, mediation and arbitration were discussed. While examining these issues in the study, Supreme Court practice and the opinions in Turkish and foreign doctrine were included.