Master Program in Private Law

Law of Proof Issues in Liability Law(ÖHYL 401)

Content
Course Code Course Name Semester Theory Practice Lab Credit ECTS
ÖHYL 401 Law of Proof Issues in Liability Law 2 3 0 0 3 7
Prerequisites
Admission Requirements
Language of Instruction Turkish
Course Type Elective
Course Level Masters Degree
Course Instructor(s) Güray ERDÖNMEZ gerdonmez@gsu.edu.tr (Email)
Assistant
Objective This course aims to examine the fundamental concepts of evidence in the context of tort law and to establish the relationship between evidence law and substantive law. Within this framework, the course aims to provide an advanced understanding of the concepts of evidence, burden of proof and its distribution, types of evidence and their characteristics, and the rules of evidence law in the context of tort law. It is also aimed to combine the latest and advanced information on the concepts, institutions, and methods of evidence law with original thinking and research, thus ensuring a development at the level of expertise; to enable the student to reach a level where he/she can make original and innovative definitions and qualifications regarding the aforementioned concepts, institutions, and methods. In this course, it is aimed that the student can analyze the theory and practice of tort law by combining it with his/her research skills, and thus understand the complex problems and solution proposals related to the subject.
Content This doctoral-level course provides an in-depth and critical examination of the complex relationship between liability law and the law of evidence. The content begins by exploring theoretical foundations, including basic concepts, evidence systems, and the standard of proof. Subsequently, it analyzes how evidentiary activities are shaped by the guiding principles of civil procedure in both fault-based and strict liability cases. Following the evaluation of the foundational elements of evidence law—such as the documentary evidence rule, its exceptions, and evidentiary agreements—the course places a major emphasis on the burden of proof and its allocation in liability disputes. In the advanced stages, conclusive evidence (res judicata, deeds/written documents, oath) and discretionary evidence (inspection, expert opinion, witness testimony) are comprehensively examined within the context of liability law. The content is strictly designed to enable doctoral students to synthesize judicial decisions and current doctrinal debates, ultimately empowering them to make original, independent scientific contributions to the field.
Course Learning Outcomes Students who successfully complete this course will have the following competencies:
They will examine all the concepts related to evidence in the context of tort law and thoroughly demonstrate the relationship between evidence and proofs, and evaluate the relevant judicial decisions. They will evaluate the issues in the field of evidence law with new ideas, different approaches or methods. They will research and identify new concepts in this field from an original perspective. They will be able to research the existing problems and new concepts and theories of tort law within the framework of evidence law and civil procedure law from an original perspective, and reach a level of competence where they can independently carry out an original study on this subject; thus they can contribute to the theory and practice of law. They will gain experience in scientific work production.
Teaching and Learning Methods Lecturing and student presentations
References • Pekcanıtez Hakan/Özekes Muhammet/Akkan Mine/Taş Korkmaz Hülya (Editörler), Pekcanıtez Usûl Medenî Usûl Hukuku, İstanbul 2025.
• Erdönmez Güray, Medeni Usul Hukukunda Belgelerin İbrazı Mecburiyeti, 2.Baskı, İstanbul 2014.
• Bolayır Nur, Hukuk Yargılamasında Delillerin Toplanmasında Tarafların ve Hâkimin Rolü, İstanbul 2014.
• Teomete Yalabık Fulya, İngiliz ve Amerikan Hukuklarında Vakıaların Getirilmesi ile Delillerin Toplanmasında Hakimin Rolü ve Türk Hukuku Bakımından Değerlendirilmesi, İstanbul 2016.
• Umar Bilge/Yılmaz Ejder, İsbat Yükü, 2.Bası, İstanbul 1980.
• Alangoya Yavuz, Medeni Usul Hukukunda Vakıaların ve Delillerin Toplanmasına İlişkin İlkeler, İstanbul 1979.
• Çiftçi Pınar, Medeni Yargılama Hukukunda İspat Hakkı ve Sınırlamaları, Ankara 2018.
Print the course contents
Weekly Contents
Theory Topics
Week Weekly Contents
1 1. Basic Concepts and General Information on the Law of Evidence
2 2. Evidence Systems, Measure of Proof, Definitions
3 3. The Relationship between the Law of Evidence and the Law of Liability
4 4. Fault Liability
5 5. No Fault Liability
6 6. Evaluation of the Proof Activity in terms of the Principles Governing the Civil Procedural Law and the Law of Liability
7 7. Rule of Proof by Deed
8 8. Exceptions to the Rule of Proof by Deed and the Place of Discretionary Evidence
9 9. Evidence Contracts
10 10. Burden of Proof
11 11. Allocation of the Burden of Proof in Disputes Regarding Liability Law
12 12. Examination of Conclusive and Discretionary Evidence within the Framework of Liability Law
13 13. Conclusive Evidence: Final Judgement, Deed, Oath
14 14. Discretionary Evidence: Discovery, Expertise, Witness
Practice Topics
Week Weekly Contents
Assessment System
Contribution to Overall Grade
  Number Contribution
Contribution of in-term studies to overall grade 0 0
Contribution of final exam to overall grade 1 100
Toplam 1 100
In-Term Studies
  Number Contribution
Assignments 0 0
Presentation 0 0
Midterm Examinations (including preparation) 0 0
Project 0 0
Laboratory 0 0
Other Applications 0 0
Quiz 0 0
Term Paper/ Project 0 0
Portfolio Study 0 0
Reports 0 0
Learning Diary 0 0
Thesis/ Project 0 0
Seminar 0 0
Other 0 0
Make-up 0 0
Toplam 0 0
Relation of Proficiency
No Program Learning Outcomes Contribution
1 2 3 4 5
1 Recognizing positive norms in private law and being able to define and explain the principals of methodology, X
2 Being able to determine, identify and restate legal problems, X
3 Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, X
4 Being able to conduct academic researches on legal problems and to propose solutions, X
5 Assuming responsibility individually or collectively for resolving complicated legal problems, X
6 Being able to criticise positive norms of the law system, X
7 Being able to explain technical legal knowledge in private law in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner, X
8 Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals, X
9 Being able to conduct comparative academic researches between different law systems, X
10 Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. X
ECTS
Activities Number Period Total Workload
Class Hours 14 2 28
Working Hours out of Class 14 6 84
Assignments 0 0 0
Presentation 2 20 40
Midterm Examinations (including preparation) 0 0 0
Project 0 0 0
Laboratory 0 0 0
Other Applications 0 0 0
Final Examinations (including preparation) 1 20 20
Quiz 0 0 0
Term Paper/ Project 0 0 0
Portfolio Study 0 0 0
Reports 0 0 0
Learning Diary 0 0 0
Thesis/ Project 0 0 0
Seminar 0 0 0
Other 0 0 0
Make-up 0 0 0
Total Workload 172
Total Workload / 25 6.88
Credits ECTS 7
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