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.
Ahmet Cevdet Pasha
Mecelle was
complied between
1868 - 1878
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
innovations but 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 .
Some photos from later Turkish Civil
Code was accepted
The Turkish Women work.
Sabiha Gokcen who was the first
woman pilot of Turkey.