1. INTRODUCTION
With the widespread use of digital communication tools in daily life, electronic correspondence has gained increasing importance in the formation and performance of contractual relationships. In this context, it is observed that, in rental relationships, parties agree on numerous matters—such as the rental amount, rate of increase, payment date, and conditions for renewal—through digital communications rather than formal written contracts. Among these practices, the most common is correspondence conducted via WhatsApp.
Pursuant to the principle of freedom of contract prevailing in Turkish law, the formation of a contract is not subject to any formal requirement, except for the exceptional cases explicitly stipulated by law. Indeed, no form requirement has been prescribed for lease agreements. Accordingly, for the conclusion, renewal, determination, and adjustment of the rental amount, it is sufficient that the parties’ declarations of intent—namely offer and acceptance—are in mutual conformity.
In this context, although an agreement reached by the parties via WhatsApp may give rise to a valid legal relationship, it is not always possible to prove the existence of such a relationship through WhatsApp correspondence. The extent to which such correspondence constitutes evidence in civil proceedings varies depending on the rules of evidence applicable to the proceedings. In disputes concerning rental receivables, the rules of evidence differ particularly between:
- actions
for the removal of objection filed before the Civil Courts of Debt Enforcement,
and
- actions for the annulment of objection and actions for receivables filed before the general courts.
Accordingly, the evidentiary weight of WhatsApp messages also varies.
In this study, with particular focus on actions arising from rental receivables, the evidentiary value of WhatsApp correspondence will be examined separately according to the type of action; potential losses of rights arising in practice will be assessed; and the legal remedies available to a party who is compelled to make payment despite not being indebted will be set forth.
2. THE EVIDENTIARY VALUE OF WHATSAPP MESSAGES IN CIVIL PROCEEDINGS IN GENERAL
2.1. WhatsApp messages are considered discretionary evidence under Article 199 of the Code of Civil Procedure.
Under the Code of Civil Procedure Nr. 6100 (CCP), evidence is classified into two categories: conclusive evidence and discretionary evidence. Conclusive evidence comprises four types: acknowledgment (Art. 188), res judicata (Arts. 303 and 204/1), deed (Arts. 200 et seq.), and oath (Arts. 225 et seq.). Discretionary evidence, on the other hand, includes witness testimony (Arts. 240 et seq.), expert reports (Art. 266 et seq.), site inspections, documents other than deeds (Art. 199), and evidence not specifically set out by the law (Art. 192). The defining characteristic of conclusive evidence is that it is binding on the judge, whereas discretionary evidence may be freely evaluated by the judge. [1]
WhatsApp messages, as documents under Article 199, are considered discretionary evidence according to the evidentiary framework of the Code of Civil Procedure.
Art. 199 of CCP: Data such as written or printed texts, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, electronic data and similar information carriers that are suitable for proving the facts in dispute are documents according to this Law.
WhatsApp correspondence qualifies as “documents” under the aforementioned provision, as they are data records created electronically and reflect the parties’ declarations of intent. However, these documents are not considered deeds, as they do not contain a traditional signature element and have not been created using a secure electronic signature. Accordingly, such correspondence does not constitute conclusive evidence but is instead regarded as discretionary evidence subject to the judge’s free evaluation.
The evidentiary weight of WhatsApp messages increases when they are not denied by the opposing party or when the existence of the correspondence is officially recorded through electronic verification by a notary.
2.2. WhatsApp messages sent by the opposing party constitute the commencement of evidence under Article 202 of the Code of Civil Procedure.
Pursuant to Article 200 of the Code of Civil Procedure, in cases where the disputed amount exceeds a certain threshold, the rule of proof by deed applies. In situations where the rule of proof by deed is applicable, it is not sufficient to prove the dispute solely through discretionary evidence such as witness testimony or WhatsApp messages. However, under Article 202 of the Code of Civil Procedure, the existence of a written “commencement of evidence” allows resort to witness testimony and enables the proof of a legal transaction even in the absence of a formal deed.
Art. 202
of CCP: (1) In cases where proof by deed is mandatory, witness
testimony may be allowed if commencement of evidence exists. (2) Although the
commencement of evidence is not sufficient to fully prove the legal transaction
in question, it constitutes a document that indicates the likelihood of
the transaction and has been provided or sent by the party against whom the
claim is made or their representative.
As is evident from the wording of the law, documents originating from the party against whom a claim is made are regarded as the commencement of evidence. In this context, WhatsApp messages sent by the opposing party qualify as commencement of evidence.
In its decisions, the Court of Cassation frequently emphasizes that, for WhatsApp messages to qualify as commencement of evidence, there must be no doubt that the relevant message was sent by the opposing party in the case (the party against whom it is used) or through that party’s representative:
Decision, bearing the Basis number 2023/287, the Decision number 2023/1549, and dated 23.05.2023, of the 3rd Civil Chamber of the Court of Cessation reads as follows:
“It should be noted that, for the printouts of emails or message texts to be used as commencement of evidence, there must be no doubt that the alleged document was sent by the opposing party or their representative. If the party against whom the evidence is used claims that an electronic document was not sent by them, the court must collect information from the relevant authorities and institutions to determine whether the document was indeed sent from an email address or mobile phone associated with that person’s IP number (Pekcanıtez, Özekes, Akkan, Korkmaz, Medeni Usul Hukuku (Civil Procedural Law), On İki Levha Yayıncılık: İstanbul, 2017, s. 1850).” [2]
Within this framework, for WhatsApp messages to be recognized as commencement of evidence, there must be no doubt that they were sent by the opposing party. WhatsApp messages that are not denied by the opposing party, or whose existence has been verified by a notary and originate from the party against whom they are used, possess all the characteristics of commencement of evidence. In cases where WhatsApp messages are denied by the opposing party, the court must determine whether the messages were indeed sent by the party against whom they are used.
The primary legal function of the commencement of evidence, as explicitly set out by the legislator, is to allow the proof of relevant facts in disputes concerning legal transactions for which proof by deed is generally mandatory, through witness testimony and other forms of evidence.
In cases where WhatsApp messages qualify as commencement of evidence, the parties are able to prove the facts in dispute through witness testimony. Indeed, recent decisions of the Court of Cassation support this approach;
Decision, bearing the Basis number 2025/1472, the Decision number 2025/4776, and dated 13.10.2025, of the 3rd Civil Chamber of the Court of Cessation reads as follows:
"In this context, it should have been assessed whether the WhatsApp messages submitted to the file qualify as commencement of evidence under Articles 199–202 of the Code of Civil Procedure, and, if commencement of evidence is established, whether witness testimony could be taken, with the research conducted and a decision rendered accordingly. However, a decision was issued in writing based on incomplete examination and erroneous evaluation, which was deemed incorrect and required to be reversed." [3]
3. THE EVIDENTIARY VALUE OF WHATSAPP MESSAGES IN ACTIONS FOR THE REMOVAL OF OBJECTIONS
When a receivable arising from a tenancy relationship is subject to debt enforcement proceedings, the debtor’s objection to the payment order suspends the debt enforcement proceedings. For the proceedings to continue, the creditor must file an action for the removal of the objection before the Civil Courts of Debt Enforcement or an action for the annulment of the objection before the general courts.
In order
to file an action for the removal of an objection before the Civil Courts of
Debt Enforcement, the creditor must possess evidence in accordance with Article
68 of the Debt Enforcement and Bankruptcy Law. Pursuant to Articles 68 and 68/A
of the said
Law , in order for the objection to be removed, the receivable must be based on:
- a
document containing an acknowledgment of payables signed by the debtor or
certified by a notary,
- documents
issued by government agencies or competent authorities, or
- a deed certified by a notary.
If the
creditor possesses evidence specified by law, the debtor can only prove the
absence of payables by presenting counter-evidence of equivalent strength.
The primary purpose of the removal of objection is to ensure that, when the creditor relies on documents of a specific nature prescribed by law, the debtor’s objection is resolved in a shorter period compared to actions heard before the general courts. In this respect, this procedural mechanism serves as a swift and practical solution aimed at protecting the interests of the creditor. Accordingly, a special evidentiary regime applies in actions for the removal of objections.
Accordingly, in proceedings for the definitive removal of an objection, the general provisions of the law of evidence contained in the Code of Civil Procedure Nr. 6100 do not apply directly; instead, proof is required only through the documents specifically provided under the law. Within this framework, it is not possible to rely on commencement of evidence in actions for the removal of objections. This is because;
The commencement of evidence constitutes a special form of evidence subject to the judge’s discretion, which serves as an exception to the requirement of proof by deed in cases where such proof is mandatory. What distinguishes it from other discretionary evidence is its ability to circumvent the obligation of proof by deed for the relevant facts. Article 202 of the Code of Civil Procedure Nr. 6100 sets out the elements of commencement of evidence as follows: the existence of a document (material element), the origin of the document from the party against whom it is to be used (source element), and the indication of the relevant legal transaction (probative element). Nevertheless, in order for commencement of evidence to be recognized, the requirement of proof by deed must first exist with respect to the relevant fact. [4]
In proceedings for the definitive removal of an objection, the legislator, aiming to ensure the rapid resolution of the debtor’s objection, has deviated from the general provisions of the law of evidence and has recognized only the documents specifically enumerated in the law as admissible evidence. Therefore, although some of these documents may possess the characteristics of deeds, it cannot be said that there is a technical requirement for proof by deed in this type of proceeding. The absence of a deed requirement means that the necessary precondition for the existence of commencement of evidence is not met. Accordingly, it is not possible to rely on commencement of evidence in proceedings for the definitive removal of an objection. [4]
Consequently, when disputes arising from rental receivables are brought before the court in an action for the removal of an objection, neither the creditor nor the debtor can substantiate their claim through WhatsApp messages. Due to the special evidentiary regime applicable to actions for the removal of objections, it is also not possible to use WhatsApp messages as commencement of evidence.
4. THE EVIDENTIARY VALUE OF WHATSAPP MESSAGES IN ACTIONS FOR THE ANNULMENT OF OBJECTIONS AND RECEIVABLES
An action for the annulment of an objection (Article 67 of the Debt Enforcement and Bankruptcy Law) is a type of action for performance filed by the creditor in general courts to continue debt enforcement proceedings that have been suspended due to the debtor’s objection to debt enforcement proceedings without judgment. In this context, unlike actions for the removal of an objection, actions for the annulment of an objection are not subject to a limited or formal evidentiary regime.
Actions for the annulment of objections, as well as actions for receivables filed directly, are actions for performance heard before general competent courts, in which disputes concerning substantive law are examined on the merits. The rules of evidence applicable in these cases are governed by the provisions of the Code of Civil Procedure Nr. 6100. Accordingly, unlike in civil courts of debt enforcement, evidence is freely assessed in general courts, and the parties may rely on any legally admissible evidence to substantiate their claims and defenses.
Accordingly, in actions for the annulment of objections and in actions for receivables, WhatsApp correspondence serves a probative function, as it qualifies as a document and constitutes discretionary evidence under Article 199 of the Code of Civil Procedure. In these cases, the judge is not bound solely by formal documents but evaluates all evidence together with the aim of ascertaining the material facts.
In actions for the annulment of objections and actions for receivables arising from a tenancy relationship, where the annual rent amount triggers the rule of proof by deed, the parties cannot substantiate their claims solely through discretionary evidence such as witness testimony or WhatsApp messages. However, since WhatsApp messages originating from the opposing party may be recognized as commencement of evidence under Article 202 of the Code of Civil Procedure, the parties are permitted to rely on discretionary evidence in the proceedings.
However, in practice, while WhatsApp messages are commonly recognized as commencement of evidence in actions for commercial receivables, there are instances in tenancy disputes where WhatsApp messages are not accepted as such. This practice is inconsistent with the evidentiary framework of the Code of Civil Procedure, as the law does not distinguish the source of the legal relationship in relation to commencement of evidence. Accordingly, provided that the WhatsApp messages are sent by the opposing party, they should be accepted as evidence in all civil proceedings.
In the case law of the Court of Cassation, it is frequently observed that WhatsApp messages and other digital communications of a similar nature are recognized as evidence in actions for the annulment of objections and actions for receivables:
Decision, bearing the Basis number 2016/28755 and the Decision number 2019/5086, of the 13th Civil Chamberof the Court of Cessation reads as follows:
“Article 199 of the Code of Civil Procedure Nr. 6100 sets out the concept of document as follows: ''Data such as written or printed texts, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, electronic data and similar information carriers that are suitable for proving the facts in dispute are documents according to this Law''. In this case, the correspondence relied upon as evidence by the plaintiff, which is not denied by the defendant, must be recognized as a document within the meaning of Article 199 of the Code of Civil Procedure Nr. 6100. Accordingly, although the plaintiff claims to have lent TRY 54,000.00, since the defendant does not acknowledge the amount of payables, the submitted messages should also be considered as evidence. An examination and investigation should be conducted in accordance with the principles and rules outlined above to determine the actual amount of the payables and render a decision accordingly. Issuing a judgment based on incomplete examination, as done in the written decision, is procedurally and legally erroneous and necessitates reversal.” [5]
Decision, bearing the Basis number 2016/28932 and the Decision number2019/7493, of the 13th Civil Chamber of the Court of Cessation reads as follows:
“The plaintiff relied on the messages as evidence,
indicating that such messages existed. It appears that the court did not
consider the messages, reasoning that the message screenshots submitted by the
plaintiff’s attorney could not be treated as written evidence in the presence
of an official deed, and instead examined and concluded the case based on the
other evidence in the file.
(…)
Since the plaintiff also relied on messages sent by the defendant as evidence, an examination and investigation should have been conducted in accordance with the principles and rules outlined above, and a decision rendered based on the findings. However, issuing a judgment based on incomplete examination, as was done in the written decision, is procedurally and legally incorrect and necessitates reversal.” [6]
Decision,
bearing the Basis number 2017/1014 and the Decision number 2020/4488, of the 13th
Civil Chamber of the Court of Cessation reads as follows:
“Article 199 of the Code of Civil Procedure sets out as follows: ''Data such as written or printed texts, promissory notes, drawings, plans, sketches, photographs, films, images or sound recordings, electronic data and similar information carriers that are suitable for proving the facts in dispute are documents according to this Law''. Under this regulation, email correspondence is also recognized as a document. Accordingly, the court should have evaluated the email exchanges along with the payments made by the plaintiff to determine whether the plaintiff is indeed a debtor. However, issuing a written decision dismissing the case based on incomplete examination is procedurally and legally incorrect and constitutes grounds for reversal.” [7]
In conclusion, in actions for the annulment of objections and actions for receivables arising from a tenancy relationship, it is possible to rely on WhatsApp messages as evidence due to the evidentiary regime established under the Code of Civil Procedure. Moreover, in cases where the rule of proof by deed applies, the parties may substantiate their claims through witness testimony and other evidence based on WhatsApp messages, provided there is no doubt that the messages were sent by the opposing party.
5. LEGAL REMEDIES AVAILABLE TO A PARTY FORCED TO PAY DESPITE NOT BEING LIABLE, IN THE EVENT WHATSAPP MESSAGES ARE NOT ADMITTED AS EVIDENCE
5.1. Assessment with Respect to Actions for the Removal of Objections
The judgment rendered in an action for the removal of an objection does not constitute a res judicata in terms of substantive law. Accordingly, the debtor always has the opportunity to prove non-liability before the general courts. In this context, a person under the threat of debt enforcement proceedings may file a negative declaratory action before the general courts to establish that they are not liable.
As a result of an action for the removal of an objection, if debt enforcement proceedings continue and a person makes a payment despite not being liable, it is possible to recover the amount paid. If the payment was made under a debt enforcement proceeding, the person who paid without being liable may file a restitution action (Article 72 of the Debt Enforcement and Bankruptcy Law) before the general courts. The restitution action aims to recover money paid under the threat of debt enforcement proceedings and must be filed within one year as of the date of payment. In the context of rental receivables, this remedy is also available if a payment was made as a result of an unjust debt enforcement proceeding.
5.2. Assessment with Respect to Actions Heard Before General Courts
Actions for the annulment of objections and receivables are heard before general courts, and the decisions of these courts become final either upon exhaustion of the regional and general appeal remedies or if such remedies are not pursued. The finality of a court decision results in the definitive resolution of the dispute.
In such a case, a person who is forced to make a payment despite not being liable can only resort to extraordinary legal remedies. Although WhatsApp messages may qualify as commencement of evidence under Article 202 of the Code of Civil Procedure, the court’s failure to take this into account and the prevention of resorting to witness testimony based on such commencement of evidence constitutes a violation of the person’s right to be heard under the right to a fair trial. For this reason, a person whose right to be heard has been violated and who is compelled to pay an amount they do not owe may, after exhausting ordinary legal remedies, file an individual application to the Constitutional Court.
6. CONCLUSION
The evidentiary value of WhatsApp correspondence in disputes arising from rental receivables varies depending on the procedural framework applicable to the litigation. In actions for the removal of objections, the limited evidentiary regime under Article 68 of the Debt Enforcement and Bankruptcy Law prevents WhatsApp messages from being used as evidence. By contrast, in actions for the annulment of objections and receivables, the general evidentiary regime under the Code of Civil Procedure applies, allowing WhatsApp messages to function both as discretionary evidence and as commencement of evidence.
However, in practice, particularly in rental disputes, there is often hesitation in recognizing WhatsApp messages as commencement of evidence, and a narrower approach is applied compared to commercial disputes. Yet, the evidentiary framework of the Code of Civil Procedure does not differentiate between types of legal relationships in terms of accepting commencement of evidence. Accordingly, WhatsApp messages that are indisputably sent by the opposing party should also be recognized as commencement of evidence in disputes arising from tenancy relationships.
In an action for the removal of an objection heard before Civil Courts of Debt Enforcement, if WhatsApp messages are not recognized as evidence, a party who is forced to pay an amount despite not being liable may file an action before the general courts to prove non-liability and recover the amount paid. In actions heard by general courts, the failure to recognize WhatsApp messages as commencement of evidence under Article 202 of the Code of Civil Procedure would constitute a violation of the person’s right to be heard, making it possible to file an individual application before the Constitutional Court.
Osman Serhat Demirci, Legal International
References:
1. Kuru,
Baki, Medeni Usul Hukuku (Civil Procedural Law), İstanbul, 2015, p. 241 et
seq.
2. Decision,
bearing the Basis number 2023/287, the Decision number 2023/1549 and dated 23.05.2023,
of the 3rd Civil Chamber of the Court of Cessation
3. Decision,
bearing the Basis number 2025/1472, the Decision number 2025/4776 and dated 13.10.2025,
of the 3rd Civil Chamber of the Court of Cessation
4. Yıldırım/Tok, İtirazın Kaldırılması Yargılamasında
Delil Başlangıcının Delil Değeri (Evidentiary
Value of Commencement of Evidence in Actions for the Removal of Objections), Faculty of Law of Marmara University, Journal of Legal
Studies, Vol.22, p.1
5. Decision,
bearing the Basis number 2016/28755 and the Decision
number 2019/5086, of the 13th Civil Chamber of the Court of Cessation
6. Decision,
bearing the Basis number 2016/28932 and the Decision number 2019/7493, of the
13th Civil Chamber of the Court of Cessation
7. Decision, bearing the Basis number 2017/1014 and the Decision number 2020/4488,
of the 13th Civil Chamber of the Court of Cessation
