Введение в турецкое частное право

Abstract

Private law of Turkey is represented by the Civil and Commercial Codes as well by the Code of Obligations. Turkey gave up the old Islamic law as the source of private law in 1926 and preferred the way of reception of the Civil Code and the Code of Obligations of Switzerland. Turkey follows this way till nowadays, borrowing in Swiss law not only the letter of law, but also relying on the Swiss case law and doctrine in the issues of interpretation. To immerse the reader into the Turkish private law, a number of its particular institutes is dealt with in the article: the general principle of the compensatory justice, the mandatory registration of the chattel mortgages to secure that the obligation will be performed, the statutory matrimonial property regime which is based on the concept of obligations and not on the one of property, compulsory share of the inheritance, the civil court system and the general description of the procedure for hearing civil disputes. The emphasis is placed on the situations involving foreign element.