Medeni Usul Hukukunda keşif

Abstract

6100 sayılı Hukuk Muhakemeleri Kanunu'nda 288 ila 292 maddeleri arasında düzenlenmiş olan keşif delili;

Viewing proof; which is arranged in the civil procedure code between 288 and 292 is defined as judge's being knowledgeable throughout making an intensive study on the dispute subject either with his five senses on the spot or within the court. As such; viewing is a discussion of the evidences on spot made either by on demand or on its own initiative by judge after an intensive analysis and study. It's made by the attendance of both parties or in absentia of them .Common practice in private law is to apply for a witness or an expert during the procedure when it's appropriate. Viewing proof and the viewing minute book are discretionary proofs and adverse cannot be proved by evidence of a witness. Parties and the third persons must meet the requirements of the viewing decision and avoid the uncompromising attitudes. Viewing proof is also necessary for the determination of the cognate; therefore every individual should give permission to draw blood and tissue unless it is dangerous to health. Judge may authorize for the viewing if any party disobey this obligation without giving a valid reason. Objection to procedure action is doable during the viewing in accordance with the law. Temporary injunction, perpetuation of evidence, and exploration made by an unauthorized court can be taken to rest by the main courts judge if it's found adequate.