Abstract:

Since the legal evidence system is accepted by modern Turkish Law of Civil Procedure, the judge’s discretion of assessment of proofs is restricted primarily by law. Besides, the judgements of the first instance courts, in principle are capable of judicial review by the Court of Appeal and the first instance judge’s assessment of proofs can be considered by the Court of Appeal by taking into account of being contrary of life experiences. On the other hand, in Roman Law, the judge’s power of assessment of proofs had different characteristics under two different procedural systems called Ordo Iudiciorum Privatorum and Cognitio Extra Ordinem which were district but applied at the same time for a certain period. The concept of proof, the evidence and the assessment of proofs were especially influenced by rhetoric due to the sui generis nature of Ordo Iudiciorum Privatorum which was applied as the procedural system from the ancient times to A.C. 342. Thus in this article, the concept of assessment of proofs is examined under Ordo Iudiciorum Privatorum which was completely different from our modern legal system

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