NEWSLETTER-2020-metin

262 NEWSLETTER 2020 witness evidence within his/her judicial discretion. On the other hand, the parties may agree to provide a deed as a proof for a certain legal act which may be proven by witness evidence by law. However, as per the applicable law, the contracts to be issued in written form in order to be valid shall be evidenced by no other means except through deed. Within this scope, the parties shall not decide on any other evidence by the evidential contract with respect to a legal transaction, if the written form is required as a condition of validity of the subject transaction. 1 An evidential contract may be drawn up for a certain legal re- lationship. In the evidential contract, the evidence to be provided to prove certain legal relationship shall be designated. For example, an evidential contract enabling the parties to prove all kinds of possible conflicts that may arise between them by witness evidence is consid- ered invalid 2 . Evidential contracts, according to their types, are classified as exclusive and non-exclusive. If the parties agree to provide certain evidence(s) for the legal acts that are not obliged to be proven by certain evidence by law, these contracts are regarded as exclusive evi- dential contracts. The reason these contracts are qualified as exclusive is that the evidence the parties may rely upon in court is restricted 3 . If the evidential contract allows the parties to prove certain legal acts or transactions – in the case of a possible conflict - by some other sorts of agreed evidence, along with the evidence permissible by law, this contract is called non-exclusive. For instance, a contract designating to prove a legal transaction which is, by law, obliged to be proven by documentation and also through witness evidence, is qualified as a non-exclusive evidential contract. Form of Evidential Contract Pursuant to Article 193 of the CCP, an evidential contract shall be executed in written form. It may be concluded as a separate contract, 1 Kuru, Baki : İstinaf Sistemine Göre Yazılmış Medeni Usul Hukuku, Legal Yayınevi, 2016, p. 437. 2 Kuru , p.436. 3 Pekcanıtez, Hakan / Atalay, Oğuz / Özekes, Muhammet : Medeni Usul Hu- kuku, 14th Edition, Ankara 2013, p. 718.