Civil Laws at Turkey
Turkey's civil law system is primarily governed by Law No. 4721, known as the Turkish Civil Code, which was enacted on December 7, 2001, and became effective on January 1, 2002. This modern codification replaced the previous Civil Code of 1926 and was influenced by the Swiss Civil Code, reflecting Turkey's commitment to aligning its legal framework with contemporary standards.
⚖️ Structure of the Turkish Civil Code
The Turkish Civil Code is organized into four main parts:
General Provisions: Establishes the foundational principles of civil law, including legal capacity, personality rights, and the protection of personal data.
Family Law: Addresses matters such as marriage, divorce, child custody, adoption, and the rights and duties of family members.
Inheritance Law: Regulates the distribution of a deceased person's estate, including rules on wills, heirs, and the administration of estates.
Property Law: Covers ownership, possession, and the transfer of property rights, including real estate transactions and the rights of co-owners.
👩⚖️ Key Reforms and Gender Equality
The 2001 Civil Code introduced significant reforms aimed at promoting gender equality
Marriage and Surname Rights:Initially, the Code required married women to adopt their husband's surname. However, in 2023, Turkey's Constitutional Court ruled that this provision violated constitutional equality principles and invalidated it
Inheritance Rights:The Code ensures equal inheritance rights for men and women, abolishing previous disparities
Polygamy:The Code criminalized polygamy, aligning with Turkey's secular principles
🏛️ Judicial System
The Court of Cassation (Yargıtay) serves as Turkey's highest court for civil and criminal matter. It comprises 30 chambers, with 20 dedicated to civil case. The Court's role includes ensuring uniform interpretation of laws and providing final judgments on legal dispute.
📄 Accessing the Civil Code
The English translation of the Turkish Civil Code is available through various legal resourcs. For instance, the Wilmap database provides access to the full text of Law No. 471.
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