Journal of the Justice Academy of Turkey, vol. 6, 2011, p. 383-412.

The objective of civil judging is to find the material fact. And in order to find the material fact it is required to prove the claims propounded fully. However each claim to be propounded may not be proven with the evidence at the possession of the claimant party. It may be required the documents or even the things under the possession of the other party or any 3rd parties to be presented so that the claims will be proven. And the obligation of the documentation in the civil procedural law provides supports to the substitution of the evidence right at this point. Since the law subjects related to the intellectual and industrial properties are product of an intellectual procedure it is not easy to draw the exact framework. Therefore the obligation of the presentation originated from material laws was stipulated in the laws on the intellectual rights in addition to the obligation of the presentation of the documents defined under the procedural laws. This resentation obligation is of importance in order to define the damages and losses and breaches which are difficult to define and related to the intellectual and industrial rights. The possibilities such as the situation of the party or the third party who presented the document as the subject of presentation, whether he is under any obligation to prove the claims, and whether the document to be presented contain any interest which is worthy of to be protected commercially or in other way draw the boundaries of the presentation obligation related to the intellectual rights. Some of the "rightful reasons or excuses" may lead the avoidance of the presentation obligation while some others may not. In this way, the presentation of the documentation may not be considered as an obligation under any circumstances. The presentation order should be made by considering the balance of interests in each relevant case http://www.humanlawjustice.gov.tr/Upload/Dergiler/taad6/index.html