Opinions

Proving obligations and debts between parties has legal force if done in writing, but the degree of evidentiary force of written documents varies depending on their nature and type. These may include private documents issued against the party being proven against, or correspondence between the parties, commercial records, or other documents. Written documents can also be official documents, which are the strongest in terms of proof and can be used against everyone if the necessary legal conditions are met. Article 216 of the Civil and Commercial Proceedings Law defines an official document as those documents in which a public official or a person entrusted with public service proves what is done or received by them, in accordance with the legal provisions and within their authority and jurisdiction. Thus, a document acquires the status of an official document if it meets a set of conditions, namely that the document is issued or signed by a public official or a person entrusted with public service. This means that the information and data contained in the official document must come from a person in a government agency or a person in a public sector. If the document is issued by a private individual or a person who is not entrusted with public service, the document loses its official status. It is also stipulated that the official document must be issued by a public official, who must have either drafted, signed, or acknowledged the document, and must have indicated that they have read and approved its contents. In addition to the above conditions, it is essential that the official document issued by a public official in accordance with the laws and regulations is issued within the scope of his authority and powers. If the public official exceeds his authority, the document loses its official status. For example, a public official may issue a document authorizing a person to build a structure that violates the required regulations and conditions for obtaining building permits. In addition to the above conditions, it is also essential that the official document issued by a public official in accordance with the laws and regulations is issued within the scope of his authority and powers. If the public official exceeds his authority, the document loses its official status. For example, a public official may issue a document authorizing a person to build a structure that violates the required regulations and conditions for obtaining building permits. Once a document acquires official status, it has evidentiary value and can be used as evidence by all parties, regardless of whether they are parties to the document. No one can deny its contents except through the legally prescribed means, i.e., by challenging its validity based on forgery. Regarding the image of the official document, it does not have the same evidentiary value as the document itself, even if it contains the same content. This is because it remains a mere image with different connotations. Therefore, the legislature considers that if the original official document is present, its image has the same evidentiary value if it is identical to the original. If the original document is not present, the image is considered a mere piece of paper and can be denied.