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2 clusters · 24 sources · 1 days · First seen · Last updated

Turkish Court of Cassation legal precedents

Overview

The Turkish Court of Cassation, known as the Yargıtay, has issued several landmark rulings regarding the admissibility and interpretation of digital communications and marital conduct in legal proceedings.

In a debt collection dispute originating in Bursa, the 3rd Civil Chamber ruled that WhatsApp messages can serve as valid evidence of a demand for repayment when evaluated alongside bank receipts. The court clarified that if no specific repayment date is agreed upon, a debt becomes due six weeks after an initial request made via such messaging services. In the specific case reviewed, the court found that legal enforcement proceedings were valid because more than six weeks had passed between the initial WhatsApp request in October 2021 and the proceedings in September 2022.

In divorce proceedings, the court addressed various forms of marital misconduct. It ruled that sending heart emojis or “likes” to public figures or influencers cannot be classified as trust-shattering behavior on its own without additional concrete evidence, noting such interactions may simply express sympathy or appreciation. However, the court established that a woman concealing a previous marriage from her spouse, even after the wedding, constitutes a breach of trust and serves as a valid ground for fault in divorce proceedings. Additionally, the court ruled that audio recordings obtained through unlawful eavesdropping are inadmissible.

Entities

Court of Cassation · Turkey · İsa Çetinkaya · Yargıtay · Kıymet Çetinkaya

Timeline

  1. [INTERNATIONAL] 8 sources
    Turkey Supreme Court issues landmark divorce rulings

    Turkey's Court of Cassation has issued landmark rulings, stating that concealing a past marriage and sending heart emojis on social media are subject to specific legal interpretations in divorce cases.

  2. [INTERNATIONAL] 17 sources
    Turkey Supreme Court rules WhatsApp messages as valid evidence for debt claims

    Turkey's Court of Cassation ruled that WhatsApp messages can serve as legal evidence to prove debt demands, establishing that debts become due six weeks after an initial digital request if no other date is set.

Sources

61saat.com · aksam.com.tr · bolgegazetesivan.com · bursahakimiyet.com.tr · cumhuriyet.com.tr · haberler.com · haberx.com · hamlegazetesi.com.tr · hedefhalk.com · ilerigazetesi.com.tr · iscihaber.net · karar.com · kayseriulkergazetesi.com · kocatepegazetesi.com · m.haberturk.com · mersinhaber.com · mynet.com · onedio.com · pressturk.com · sabah.com.tr · sondakika.com · tgrthaber.com · yenialanya.com · yerkoyhabergazetesi.com

This summary has been updated 1 time: see revision history