The Right to Acces to Documents in the Possession of the Other Party Within the Context of Turkish and German Laws of Civil Procedures

Document is one of the most important tools for the act of proving because it includes information, thought or someone’s will. It is a widespread case that the document which is related to the point that needs to be proved is possessed not by the party that is obliged to prove but the other side. In such cases it is up to the legislators to decide whether to force the the party that isnot obliged to prove to present the document and the conditions under which they could be forced to do so. This paper discusses the preferences of Turkish and German legislators in this context and the latest changes and judicial features in the related regulations