NEWSLETTER-2020-metin

266 NEWSLETTER 2020 and other means of collection of information, which are convenient for proving the facts related to the dispute. ” Preliminary evidence is a re- cord that can prove the existence of the alleged legal act in a plausible, if not certain, manner. In the existence of the preliminary evidence, the court will render a decision, freely evaluating both the preliminary evidence, witness, and other discretionary evidence. Default of the Debtor The General Assembly of the Court of Cassation identifies default as “ A reason for liability arisen based on certain conditions in case the performance is still possible and the debtor fails to fulfill the perfor- mance on time, which has become due and which the debtor cannot avoid. ” 4 The procedures and principles of the default of the debtor are regulated under Turkish Code of Obligation numbered 6098 (“TCO”). As a rule, the debtor of a due debt defaults with the notice of the creditor inviting the debtor to execute. However, in accordance with the TCO, if the parties have determined the date upon which the performance will be rendered, and the performance has not been rendered on that specified date, the debtor is deemed to be in default without the need for notice. In other words, if the parties have set a definite maturity date, there is no need for notice of the default of the debtor. Differences of Opinion between the Civil Chambers of the Court of Cassation The 11th Civil Chamber of the Court of Cassation has argued that the bond which has lost the status of a bill of exchange due to expira- tion of the limitation period is considered as preliminary evidence if the signature on the bond is proven or accepted, and the plaintiff can prove the contractual relationship through witness and other evidence. If the legal act underlying the preliminary evidence is proven through other evidence, the contractual relationship between the parties will also be proven; therefore, the maturity date stated in the document will be considered as the default date unless proven otherwise. Emphasizing the consensus, both in the doctrine and in practice finding that the time- 4 The General Civil Assembly of the Court Cassation, numbered 2004-19-357 E., 2004/360 K. 16.06.2004.