Abstract:

This study aims to consider the issue of illegally obtained evidence in divorce cases in Turkish Civil Law. In this context, primarily, the system of Turkish divorce law is explained. Afterwards, the effects of illegally obtained evidence to divorce law are emphasized. Legal divorce system is applying by court decision that is based on certain causes in Turkish and other modern law systems. It is possible that marital breakdown by way of divorcement in this system. On the other hand, divorcement must be relied on the causes that is determined on the Civil Code and recognised by the judicial decision. It is acknowledged that the reasons of divorcement rely on certain priciples in Turkish law and foreign law systems. In particular, the role of fault principle in divorce cases has a major significance. Fault is an effective fact that has influence on both grounds for divorce and financial result of divorcement. most considerable influence of the fault on divorcement is being in search of evidences that make violating fundamental rights of the other party by parties. The issue of illegally obtained evidence comes into question at this point in. Thus, less faulty party that has the aim of obtaining the hostility evidence of the other party, actually, wants to demonstrate its own fault is less. The evidences that is obtained in this manner generally have the characteristics of illegal evidence. The obtained illegally evidences may not be evaluated as a proof on judgement. It is examined that the circumstances of accepting possibility of illegally obtained evidences in this study.

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