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The Summary of European Influence in Law.
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The Summary of European Influence in Law Turkish Law Legal System is accepted to be in Continental Europe. It is largely influenced by European countries. This affected began 19th century during the Ottoman period. After the proclamation of the Republic of Turkey in 1923 under leadership of Mustafa Kemal Atatürk, European countries have been important legislation. In 1927 and 1929, the Turkish Civil Code and Loan Law,Proceedings of the Execution and Bankruptcy Law was taken as an example from Switzerland. The Criminal Code was taken as an example from Italy in 1928, the Criminal Procedure Act was taken as an example fromin Germany 1929.Later in the preparation of the Turkish Commercial Code,there was a significant effect of the German jurist Ernst Hirch.A new Constitution was adopted in 1961. While there was a German effect in Fundamental rights in Constitutional Law,the French Law effect was accepted obvious in Administrative Law. In Turkish Law there is a distinction made between private law and public law as well as German law.
The Turk Effect in Other Countries Mustafa Kemal Atatürk,who is not only the founder of Turkish Republic and also a source of inspiration in other countries. In Indonesia, many intellectuals are influenced by his ideas in Turkey and its a great respect for what he did and felt. Repercussions and effects of the various reforms in Turkey, Indonesia, aims to focus on. Ataturk and the Turkish revolution in this country is concluded that the effect is greater.
Criminal law analyses the words of crime and punishment. In Turkey, criminal code was made in 1926.
Turkish Criminal Code was followed the Zanardelli Code which was introduced in 1889 at the birth of the new Italian nation. Then Turkish Criminal Code was introduced by Grand National Assembly of Turkey.
Since then, it has been changed for fifty four times. The most important change was in 1936.
According to Turkish Criminal Code, there are two main principles; • Principle of Legality • Principle of Fault
Elements of Crime; • Factor of Legality • Factor of Monetary • Factor of Unlawful • Factor of Psychological
Business Law, regulates the commercial relations between people. Turkish Business Code was made in 1926. It was followed the German Business Law.
Turkish Business Law has; • Business Concern Law • Companies Law • Instrument Law • Transportation Law
Maritime Law • Insurance Law • Competing Law • Intellectual Property Law • Securities Exchange Law
Turkish Civil Code • Mecelle • Mecelle was removed • New Turkish Civil Law
Mecelle,during the Ottoman period,was prepared in adherence to religious laws by a scientific committee headed by Ahmed Cevdet Pasha.
Mecelle was used as a legal basis for Sharia courts of Ottoman Empire. kadi or Muslim Judge
The legal law,which was carried out during the Ottoman period and conducted with religion,didn’t seem that it could overcome the needs of Turkish people,who stepped into modernity then.
Firstly Mecelle had been prepared and it brought a number of the innovationsbut it had not been enough. Due to the fact that it didn’t have some laws about family, property affairs,heritage ; it couldn’t be thought as civil law.
As a result of these reasons , Mecelle was aborted by Grand National Assembly of Turkey.
Turkey was a newly-founded-country so government had to enact laws.
So The Turkish Civil Law,which was taken as an example of Swiss Civil Code, was accepted by Grand National Assembly of Turkey and put into effect on 17th of February in 1926.
The innovations which was brought by the Turkish Civil Law: +Equality of men and women were ensured. +Obligatory of civil marriage was brought. +Monogamous marriage was obligated. +Women's rights -about heritage,marriage, divorcing..- were equalized as men’s .
