Türkiye Adalet Akademisi Dergisi

Yazarlar: Zeynel Abidin AKSAKAL

Konular:Hukuk

Anahtar Kelimeler:E-notification,Be considered as notified,Fifth day,Presumption of law,The day to start of period at e-notification.,Fiction of law

Özet: With the amendment made in the Notification Law in January 2011, electronic notification arrangement was made. It is regulated that the electronic notification will be deemed to be made at the end of the fifth day following the date when the notification reaches the electronic address of the addressee. In the cases where the notification will be deemed to be made, even there is no cognition, addressee will be deemed to be informed by the legislator. The NENS (National Electronic Notification System) infrastructure of PTO (Post and Telegraph Organization) can provide evidence when the addressee opens the notification before the fifth day. At this point, the evidence system of NENS was examined and the notification opened before or after the fifth day was evaluated within the context of the presumption of law or fiction of law. In addition, the start date of the e-notification period should be determined by adding six days to the moment of arrival, not five days.

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