Mesajı Okuyun
Old 14-05-2016, 23:00   #3
Av.Kadir ORUÇ

Varsayılan HMK 400. Madde İng. Çevirisi

Yazan Taha Özdemir
Merhabalar, HMK 400. maddesinin İngilizce çevirisi gerekti ve internette ingilizcesini de bulamayınca kendim çevirmeye çalıştım ama yeterli olmadı. Taslak metin olarak sizlere sunabileceğim bu çevirime nihai halini verebilir misiniz acaba? Böylece sitede de şerh olarak ekleyebilir ve herkesle paylaşabiliriz, teşekkürler.

Situations for recording of evidence
Article 400 - (1) Each of the parties may claim for viewing, expert examining or deposition during the litigation which is seen, for the examination step which hasn’t come or the determination of an event to set forth in a case which he/she will present.
(2) There should be legal interest to claim the recording of evidence. Except the circumstances stipulated in the law, if there is the possibility that if the evidence isn’t determined and then it would get lost or it would dramatically get hard to adduce, it would be assumed as the existence of legal interest.

Dear Taha;

That is not final form, just my translation of the article. But you can add this to the site freely, because I have benefited from your translation;

Circumstances where recording of evidences may be requested

Article 400-(1) Each one of the parties, may demand proceedings to be performed such as examinations to be made on the spot, to be made expert examination done or to be heard witness statements for the purpose of determination of a fact which its turn of examination has not come yet in a case which is being heard or which he/she/it will put forward in a case which he/she/it will open in the future.
(2) There must be existence of legal benefit in order recording of evidences to be requested. Except circumstances provided expressly by the law, it is deemed existed legal benefit if it is probable that the evidences will be lost or will be difficult them to be put forward to a considerable extent in case where they have not been determined immediately.