With its precedent decision, the Supreme Court ruled that WhatsApp correspondence can now be considered evidence alone.
Bursa 3rd Commercial CourtIn a receivables case heard in , one of the parties presented WhatsApp correspondence as evidence of the receivables. Since there was no promissory note, the court did not accept the correspondence as evidence and decided to reject the case. If the decision from the Supreme Court returned. Under normal circumstances, WhatsApp correspondence was accepted as collateral evidence.
Lawyer Serkan Günel said regarding the issue: ““The person presenting the evidence here must be a party to this correspondence and must be recording it himself so that he can present it as evidence, because evidence in the electronic environment is evidence that can be created at any time.” said. Günel, “Private law“Correspondences regarding the person’s cheating or smuggling of property are accepted as evidence in debt, receivables and divorce cases.” he said.
The decision was accepted as a precedent
Although the Supreme Court decision is considered a precedent, WhatsApp correspondence In order for them to be accepted as evidence on their own, an expert examination must first be carried out. With these examinations, it is confirmed that people actually made a statement in their own name. On the other hand, the ability to manipulate messaging also necessitates expert control.
In order for correspondence to be evidence, people be a party to the conversation and it needs to be registered. So, let’s say, in a private conversation with a person or in a group you are a part of, it is possible for you to present these correspondences to the court as evidence because you are a party to the conversation.
Source :
https://sputniknews.com.tr/20240228/yargitaydan-emsal-karar-whatsapp-yazismalari-delil-sayildi-1081166729.html
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