The Basis of Ex-Officio Application of Turkish Law By Judge In Terms of Civil Procedure Law: Facts, Importance of Facts, Classification of Facts from Different Aspects and Determination of Facts

In civil procedure law, facts are everything: Rights and obligations arise from facts, facts are the basis of an action and the ex-officio application of law, in other words the very act of judging, requires facts. Facts do not fit into any classification; what matters is that a fact is legally important, contested and effective for resolving the litigation. Provided that it is legally important, contested and effective for resolving the litigation, each and every fact should be proven, and when proven, a decision shall be made by way of an ex-efficio application of Turkish law to those facts (Art. 33 of Turkish Code of Civil Procedure; iura novit curia)