Özet:

In cases requiring special or technical knowledge, the court decides to obtain the opinion and vote of an expert (Art. 266, I CCP). Thereupon, the expert shall submit the court verbally or in writing of their opinion on the matters falling within the scope of their duties (Art. 279, I CCP). Expert evidence differs from the expert witness regulated under Article 293 of the Code of Civil Procedure. Expert witness comes into question when one of the parties obtain a scientific statement from an expert about the dispute subject to the proceedings (Art. 293, I CCP). In some cases, there may be a contradiction between the findings in the expert report and the situation revealed by the expert witness. It is emphasized that the elimination of this contradiction is a requirement of the right to be heard. The subject of this study is how this contradiction should be resolved. Based on the jurisprudence of the German Federal Court of Appeal, it is explained how this contradiction should be eliminated with a step-by-step procedure.

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