Turkish Civil Code

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Basic data
Title: Turk Medenî Kanunu
Short title: Medenî Kanun
Abbreviation: TMK; MK
Number: 4721
Type: law
Scope: Republic of Turkey
Adoption date: November 22, 2001
Official Journal : No. 24607 BC December 8, 2001
Please note the note on the applicable legal version .

The Turkish Civil Code ( Turkish: Türk Medenî Kanunu ; abbreviation TMK , in German-speaking countries also tZGB ) of November 22, 2001 is the codification of the central parts of Turkish private law . Outsourced with the Code of Obligations (Türk Borçlar Kanunu) is the law of obligations .

history

The first Turkish civil code was the Mecelle , which was created between 1869 and 1876 under the leadership of Ahmed Cevdet Paschas , which comprised property law provisions of Islamic law . After the defeat in the First World War and the subsequent so-called liberation war under the leadership of Mustafa Kemal Pasha , Turkey was obliged under international law in the Treaty of Lausanne to reorganize its legal and judicial system. After the republic was proclaimed as a form of government on October 29, 1923 , the Turkish Civil Code ( Ottoman تورك قانون مدنیسی İA Türk Ḳānūn-ı Medenīsi ), a translation of the Swiss Civil Code according to its French-language edition, in force. On the same date, the Mecelle with Art. 43 i. V. m. Art. 48 of Law No. 864 of May 29, 1926 on the entry into force and form of application of the Civil Code is repealed and thus the Islamic legal system is definitely left.

The Türk Kanunu Medenîsi was amended in May 1988, November 1990 and May 1997 . On January 1, 2002, a new version finally came into force.

structure

The tZGB is divided into four books ( Kitap ) according to an introduction ( Başlangıç ; Art. 1–7) :

  • Personal law ( Kişiler Hukuku ; Art. 8–117)
  • Family law ( Aile Hukuku ; Art. 118–494)
  • Inheritance law ( Miras Hukuku ; Art. 495–682)
  • Property law ( Eşya Hukuku ; Art. 683-1030)

Web links

Individual evidence

  1. ↑ Law No. 6098 of January 11, 2011, RG No. 27836 of February 4, 2011.
  2. ↑ Hans Schlosser : Fundamentals of the modern history of private law. Legal developments in a European context. 10th edition. CF Müller Verlag, Heidelberg 2005, ISBN 3-8252-0882-6 , p. 214.
  3. ↑ Law No. 743 of February 17, 1926, RG No. 339 of April 4, 1926.
  4. ^ A "literal translation" according to Rona Serozan: The Turkish switch in the tracks of Swiss inheritance law . In: 100 years of the Swiss Civil Code 80 years of the Turkish Civil Code . Berlin 2008, p. 175. “Almost unchanged” according to Konrad Zweigert , Hein Kötz : Introduction to comparative law in the field of private law . Tübingen 1996, p. 178. A "very free" translation according to Hans Schlosser: Fundamentals of the modern history of private law. Legal developments in a European context. 10th edition. CF Müller Verlag, Heidelberg 2005, ISBN 3-8252-0882-6 , p. 214.
  5. ↑ Art. 43: “[…] mecelle mülgadır.”, Art. 48: “İşbu kanun 4 teşrinievvel 1926 tarihinden itibaren mer'idir.” Complete legal text in Turkish. ( Memento of the original from November 20, 2008 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Ministry of Justice of the Republic of Turkey; Retrieved February 7, 2010. @1@ 2Template: Webachiv / IABot / www.mevzuat.adalet.gov.tr
  6. ↑ Law No. 3444 of May 4, 1988, RG No. 19812 of May 12, 1988.
  7. ↑ Law No. 3678 of November 14, 1990, RG No. 20704 of November 23, 1990.
  8. ↑ Law No. 4248 of May 14, 1997, RG No. 22996 of May 22, 1997.
  9. ↑ Christian Rumpf : Introduction to Turkish Law . 2nd Edition. CH Beck, Munich 2016, ISBN 978-3-406-65766-5 , § 12 Rn. 1.