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Turkish Court of Cassation legal precedents

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2026-11-08 12:52 UTC → 2026-11-09 10:44 UTC · added ~~removed~~

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 ~~court~~ 3rd Civil Chamber ruled that WhatsApp messages can serve as valid evidence of a demand for repayment when evaluated alongside bank receipts. The ~~ruling established~~ 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 ~~a separate~~ the specific case ~~regarding divorce~~ reviewed, the court found that legal enforcement proceedings were valid because more than six weeks had passed between the initial WhatsApp request in ~~Elazığ,~~ October 2021 and the proceedings in September 2022. In divorce proceedings, the court addressed ~~the use of social media interactions as evidence~~ various forms of marital misconduct. ~~The high court overturned previous decisions, ruling~~ 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. The~~ evidence, noting such interactions may simply express sympathy or appreciation. However, the court ~~also~~ 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 ~~were~~ are inadmissible.

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