TANIKLIKTA ÇEKİNME HAKKI OLAN KİŞİLER (Hukuk Davalarında) Avukat Aysel Aba Kesici

☎️ 𝟎𝟓𝟎𝟔 • 𝟔𝟔𝟗 • 𝟎𝟗 • 𝟖𝟓 • Istanbul ｜⚖️ My Rights Legal Consultancy and Mediation Office ⚖️ PERSONS WHO HAVE THE RIGHT TO REFUSE TO TESTIFY (IN CIVIL CASES) Attorney Aysel Aba Kesici 1. What is the Right to Refrain from Testifying? The right to refuse to testify is an exception to the rule that certain individuals cannot be compelled to testify in civil cases; that is, they have the right to refrain from testifying in court. This right aims to protect both the witness's private relationships, personal secrets, and family privacy. 2. Legal Basis Civil Procedure Code No. 6100 (HMK), Articles 248-250 3. Persons with the Right to Refrain from Testifying (HMK, Article 248) The following persons cannot be compelled to testify: 3.1. Fiancée of One of the Parties Valid as long as the engagement continues 3.2. Persons Relating to One of the Parties by Marriage Valid as long as the marriage continues The right to refuse to testify is granted to the former spouse, even if they are divorced. 3.3. Persons Relating to One of the Parties by Blood or In-Law (Including Third Degree) Example: Mother, father, sibling, father-in-law, daughter-in-law, son-in-law, aunt, uncle, etc. Valid for both ascendants, descendants, and lineal relatives. 3.4. Those with an Adoptive Relationship to One of the Parties Both the adopted child and the adoptive parent may refrain from testifying. 4. Does the Right to Refrain from Testifying Apply in All Circumstances? No. These individuals can exercise their right to refrain, but they can also testify if they wish. In other words, this right is not an absolute prohibition, but rather an optional protection. When summoned to testify by the court, these individuals must: Clearly declare their wish to refrain from testifying. 5. Other Reasons for Refusing to Testify (CCP Art. 249) Even if a person is not related to the party, they may refrain from testifying for the following reasons: 5.1. If it would expose themselves or their relatives to criminal liability. For example, if their testimony would reveal their own crime or the crime of their relative. 5.2. If Compelled to Reveal Professional Secrets Individuals such as lawyers, doctors, and financial advisors may refrain from testifying on the grounds of professional secrecy. Testifying may still be required for matters not covered by confidential information. 5.3. If a State Secret is Attributed Testing regarding confidential state information is not mandatory. However, the court may request permission from the competent authority in this matter. 6. The Court's Jurisdiction to Evaluate The court will review the witness's request to refrain and, if found justified, will not compel them to testify. However, if there is no valid reason, they may be compelled to testify, and if they fail to appear, they may be brought by force. 7. Limits on the Right to Refrain from Testifying Separate regulations exist in criminal cases; this applies only to civil cases. A person who refrains from testifying abstains from all testimony; There is no right to avoid certain questions. However, specific refusals to answer certain questions (for example, because they involve confidentiality) are possible (Article 250 of the Civil Procedure Code). 8. Conclusion In legal cases, certain individuals are granted the right not to testify. This right aims to protect a person's family ties, secrets, and moral integrity. Individuals who do not wish to testify before the court should exercise this right consciously and openly. The right to refrain from testifying is an important safeguard that ensures the balance between justice and individual privacy. Don't forget to like, comment, share, and subscribe to the video to raise legal awareness. Atty. Aysel Aba Kesici Social Media Channels Email.................: [email protected] Twitter ..............:   / ayselkesici   Instagram..........:   / hukuki.hakl.  . Linkedin.........:   / av-aysel.  . Facebook........:   / aysel.abakes.  . Facebook.........:   / avaysel-aba-.  . Facebook.........:   / 14323..  . Website.....: https://www.hukukihaklarim.com/ Website.....: https://ayselabakesici.wordpress.com/