According to Article 6 of the Turkish Civil Code, “unless otherwise provided by law, each party is obligated to prove the existence of the facts on which it relies.” According to Article 190 of the Code of Civil Procedure, “unless otherwise provided by law, the burden of proof is determined by the legal outcome of the case and rests with the party who has the better case.”
The exceptions specified in the law are as follows: Liability arising from both tort and contract is based on fault. In both cases, the fundamental condition for awarding damages is that the wrongdoer or debtor acted negligently. I n such cases, the party suffering harm due to another’s tort must prove not only that they suffered harm without just cause but also that the defendant’s act was negligent. In such cases, the court may order the payment of damages.