Gavin Howe
Turkey has a civil law legal system, which is a system where the law is derived from a code issued by the state. This is in contrast to common law systems, where judges create law through their decisions, which are then binding on other judges. Turkey's civil code was adopted in 1926 during Mustafa Kemal Atatürk's presidency and is based on the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911. While Turkey's legal system is primarily civil law-based, it has been influenced by various other legal traditions, including Sharia law, Italian Criminal Code, German law, and French law.
| Characteristics | Values |
|---|---|
| Type of legal system | Civil law |
| Basis of the system | Swiss Civil Code of 1907, Swiss Code of Obligations of 1911, German civil code, French civil code |
| Criminal Code based on | German Penal Code and German law |
| Administrative law based on | French law |
| Procedural law influenced by | Swiss, German, and French legal systems |
| Court of Cassation | Yargitay |
| Highest judge | First President (Birinci Başkan) |
| Highest administrative court | Turkish Council of State (Danıştay) |
| Marriage law | Only official (civil) marriages are legally recognized, as defined under the Turkish Civil Code |
| Legal age of marriage | 18 |
| Divorce law | Applicable to asylum-seekers, refugees, and stateless persons |
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What You'll Learn
- Turkey's legal system is based on civil law, not common law
- The civil code of Turkey is influenced by Swiss, German, Italian and French law
- Common law is a judge-made law, civil law is based on a code issued by the state
- Common law is more widespread by landmass, civil law by population
- Common law is used in many former British colonies
Turkey's legal system is based on civil law, not common law
Turkey's legal system is based on civil law, which is primarily influenced by the Swiss Civil Code and was adopted in 1926 during Mustafa Kemal Atatürk's presidency. The Swiss Civil Code is considered to be largely influenced by the German Civil Code and, to a lesser extent, by the French Civil Code. In contrast, common law is a system of law that has evolved from decisions in specific cases made by judges, rather than being based on a civil code issued by the state.
Civil law and common law are two of the four major legal traditions that form the basis of contemporary national legal systems. Civil law, also known as Roman law, is the most widespread by landmass and population, while common law is employed by the most significant number of people compared to any individual civil law system. Common law developed in England, influenced by Anglo-Saxon law and, to a lesser extent, the Norman conquest of England, which introduced legal concepts from Norman law with origins in Salic law.
Turkey's civil law system replaced Ottoman law and the Sharia courts. The Turkish Civil Code covers various aspects of civil life, including marriage and divorce. For example, under Turkish law, only official (civil) marriages are legally recognized, and religious marriages are only permitted after an official marriage has taken place. The Turkish Penal Code also addresses child protection, with unofficial marriages involving children considered child abuse and punishable by prison sentences.
While civil law systems like Turkey's are based on codified constitutions or statutes, common law systems emphasize case law and precedent. The major difference between the two systems lies in the role of judges. In common law, judges are neutral and are forbidden from investigating cases independently. In contrast, civil law judges actively investigate criminal cases, question witnesses, and interrogate the accused.
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The civil code of Turkey is influenced by Swiss, German, Italian and French law
Turkey operates under a civil law legal system, which was adopted in 1926, marking a significant shift from Ottoman law and Sharia courts. The country's civil code is heavily influenced by Swiss, German, Italian, and French law, which has shaped the country's legal landscape.
The Swiss influence is particularly notable, as Turkey adopted the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911 as the basis for its civil code. This decision was influenced by various factors, including the simpler language of Swiss law compared to the German Civil Code, and the absence of political concerns with Switzerland. The Swiss-Turkish legal connection was so strong that some referred to it as a "Swiss-Turkish" law. The work of Swiss academics, such as Professor Georges Sauser-Hall, who advised the Turkish government on reforms, also contributed to this influence.
German law has also left its mark on Turkey's civil code. While the Swiss codes formed the foundation, German legal principles have been incorporated into Turkey's legal system. Specifically, German law influenced the replacement of the Criminal Code in 2005. Additionally, Turkish academic traditions during WWII were influenced by German academics, notably Professors Ernst Hirsch and Andreas Schwarz, who played a significant role in shaping the thinking of Turkish legal scholars.
Italian law has had some influence as well, as the original Criminal Code of Turkey was based on the Italian Criminal Code before its replacement by the German-influenced code in 2005.
Lastly, French influence is evident in Turkey's administrative law, which is based on its French equivalent. This influence is a result of the Ottoman elites studying French as a foreign language, which created a familiarity with French legal concepts.
Overall, the civil code of Turkey is a product of the interplay between these various legal traditions, each contributing to different aspects of the country's legal system.
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Common law is a judge-made law, civil law is based on a code issued by the state
The Turkish legal system is a civil law system, which means that it is based on a code issued by the state. In this case, the civil code of the Republic of Turkey is a slightly modified version of the Swiss Civil Code, which was adopted in 1926. The Swiss Civil Code is considered to be mainly influenced by the German Civil Code and partly influenced by the French Civil Code.
Common law, on the other hand, is a judge-made law. It is not created by a sovereign authority but by the decisions of judges, which are then binding on other judges. Common law developed in England and was influenced by Anglo-Saxon law and, to a lesser extent, the Norman conquest of England, which introduced legal concepts from Norman law with origins in Salic law. Almost every former colony of the British Empire has adopted common law, with the exception of Malta. Common law is also employed by the greatest number of people compared to any single civil law system.
Civil law, also known as Roman law, is the most widespread by landmass and population. While the concept of codification dates back to the Code of Hammurabi in Babylon, civil law in Turkey is based on the Swiss-influenced code adopted in 1926. This civil code underwent changes in 2002 but retained much of the basis of the original code.
The Turkish Court of Cassation, or the Supreme Court of Appeals, is the highest court in Turkey. It is divided into civil law and penal law chambers, with the highest judge holding the title of First President. The Court of Cassation also has a Chief Public Prosecutor, who appears before the Constitutional Court in indictments against political parties.
Civil courts in Turkey handle cases related to ownership, contract violation, divorce, and inheritance. There are two forms of civil courts: Peace Courts and Civil Courts of First Instance. Peace Courts are the lowest civil courts in Turkey, with a single judge, and at least one in every district. Civil Courts of First Instance are the basic courts, with one in every city and district, sometimes divided into branches as needed.
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Common law is more widespread by landmass, civil law by population
There are two main types of legal systems in the world, with most countries adopting features from one or the other: Common Law and Civil Law. Civil law is the most widespread by landmass and population overall, while common law is employed by the greatest number of people compared to any single civil law system.
Civil law is interpreted by judges, rather than developed or made by them. Only legislative enactments are considered legally binding, rather than legal precedents as in common law. Civil law systems tend to have a written constitution based on specific codes, such as a civil code, corporate law, administrative law, tax law, and constitutional law. Administrative law is usually less codified, and administrative court judges tend to behave more like common law judges. Civil law judges actively investigate criminal cases and question witnesses, whereas common law judges are forbidden from engaging in any independent investigation of a case. Common law is less prescriptive than civil law, with more freedom of contract and fewer provisions implied into a contract by law.
Common law is more widespread in terms of the number of people it governs. Common law is practiced in Canada (excluding Quebec), Australia, New Zealand, the United Kingdom (England, Wales, and Northern Ireland), South Africa, Ireland, India (excluding Goa and Puducherry), Pakistan, Hong Kong, the United States, Bangladesh, and many other places. Several countries have also adapted the common law system into a mixed system, such as Nigeria, which operates largely on a common law system in the southern states and at the federal level, but also incorporates religious law in the northern states.
Turkey, on the other hand, has a civil law legal system. It adopted the Swiss Civil Code in 1926, which was based on the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911. While the Civil Code underwent changes in 2002, it retains much of the basis of the original Swiss Code. Turkey's Criminal Code, originally based on the Italian Criminal Code, was replaced in 2005 by a Code with principles similar to German law. Administrative law in Turkey is based on the French equivalent, and procedural law shows the influence of Swiss, German, and French legal systems.
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Common law is used in many former British colonies
Common law is a legal system that originated in England after the Norman Conquest in 1066. It is a unified legal system that gradually replaced local folk and manorial courts. England spread the English legal system to its colonies, including Wales, Ireland, and overseas territories. This tradition was continued by the later British Empire, which brought common law to its colonies in America, Asia, Africa, and the Pacific.
Common law was particularly attractive to British colonies because of its stability and slow-to-change nature. It formed the basis of jurisdiction in all three types of direct colonial holdings: trading posts, settlement colonies, and colonies of domination. In trading posts along the Indian Ocean coast, British settlers brought English common law, which became the legal system. In settlement colonies like North America, South Africa, and Australia, English common law was adapted to local circumstances, such as regulating master-slave relations or adopting the practice of terra nullius (nobody's land). In colonies of domination in Asia and Africa, English common law was claimed as the one and only law.
Many former British colonies continue to use common law today, including India, Pakistan, Bangladesh, Barbados, Jamaica, Botswana, Nigeria, Kenya, Burma, and Singapore. These countries have legal systems that give significant weight to judicial precedent and the style of reasoning inherited from the English legal system. However, it is important to note that the degree of representation of the indigenous population in legislative bodies and the integration of indigenous and British common law courts varied across colonies, leading to diverse rule of law indicators among former British colonies.
Turkey, on the other hand, does not follow common law. After the founding of the Republic, Turkey adopted a civil law legal system, replacing Ottoman law and Sharia courts. Turkey's civil code is based on Swiss and German law, while its criminal code shows influence from German law, and its administrative law is based on the French equivalent.
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Frequently asked questions
Turkey has a civil law legal system.
Common law is a judge-made law that is not codified by a sovereign authority. Civil law, on the other hand, is based on a code issued by the state, where the judge applies the law but is not expected to create it.
Turkey's civil code is based on the Swiss Civil Code of 1907 and the Swiss Code of Obligations of 1911, with some influence from the German civil code and French civil code.
Common law is employed in several countries, including Canada (excluding Quebec), Australia, New Zealand, the United Kingdom (England, Wales, and Northern Ireland), South Africa, Ireland, India (excluding Goa and Puducherry), Pakistan, Bangladesh, and many others.
