4.10.2007

A SHORT HISTORY OF TURKISH LAW


A Short History of Turkish Law

"After the proclamation of the Edict of Reorganization of 1839 (Tanzimat Fermanı), Ottoman rulers aimed at renewing the social and the political structure of Turkey along western lines, and some European
codes of law were adopted. In 1856 another Edict confirmed the principles of the Edict of 1839. The reforms introduced after 1839 were not radical in nature and old institutions were preserved while the new ones introduced. In the period between 1839 and 1923. though some modern western statutes were adopted from Europe, the old Islamic laws and institutions were also maintained.
After the proclamation of the Republic in 1923, radical reforms were introduced in legal matters as in other spheres of social life.The adoption of the Swiss Civil Code and Code of Obligations which contain the law of persons, familiy law, succession, property, contracts, torts, and unjust enrichment, both of which adopted in 1926 with some minor alterations, represented a profound change in the social life of Turkey. The swiss lawyer and scholar Sauser - Hall, referring to the adoption of the Swiss Civil Code by Turkey says that "such a radical and rapid change is unknown to history"
Not only in the field of private law but also in the spehere of public law western codes were adopted."*
* Introduction to Turkish Law Tugrul ANSAY, Don WALLACE Jr. Ankara,1978

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