According to Article 6 of the Turkish Civil Code, “unless there is a contrary provision in the law, each party is obliged to prove the existence of the facts it bases on” In accordance with Article 190 of the Code of Civil Procedure, “the burden of proof is based on the legal result attached to the case, unless there is a special regulation in the law. It belongs to the party that has the right in favor of it.” says.
The exceptions stipulated by the law are; Liability arising from both tortious act and separation from debt is the liability of fault. In both cases, the basic condition for the payment of compensation is that the perpetrator or the debtor is at fault. In this case, the party who has been harmed due to the wrongful action of another person is obliged to prove not only that he has been harmed unlawfully, but also that the action committed by the defendant is faulty. In this case, the court may award compensation.
