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Samim Unan
1926
Turkish Civil Code was taken from Switzerland in
1926.
Why the Swiss Code?
Switzerland was one of the countries with which
Turkey (Ottoman Empire) was never in war..
The Swiss Code was simple (compared to BGB
and Code Napolon (French Civil Code)
It was thought that Turkish people would
understand and apply the Swiss Civil Code
easily and better than another foreign Code
1926
Besides the young Republic was in
need of completing the law reforms
as quickly as possible.
To translate and put into force the
BGB and the French Civil Code would
take more time and would
necessitate more efforts.
1926
Explanatory reasoning:
Due to continuous social and economic
relations a civilized part of the mankind has
become a large family.
The idea that Swiss Civil Code would not satisfy
the needs of the Turkish nation must be
rejected. Switzerland contains people from
German, French and Italian origin. A Code
which is successfully applied in such a
diversified society would also be suitable to
Turkey.
1926
Christian minorities in Turkey:
Greeks, Armenians
They thought also that the Swiss Civil
Code would suffice to their needs.
So the Swiss Code led Turkey to have
a unified legal system.
2002
In 2002 the Turkish Civil Code was
revised.
Although a new Code was enacted,
this is rather a revision and not a
reform.
The translation errors are corrected,
the language was simplified and
some new choices were made.
Successions
Generally in line with the SchwZG.
Property law
The joint property is regulated taking
into account the Swiss reform of
1965.