1926, 2001 Yıllarında Kabul Edilen Türk Medenî Kanunlarının Hazırlanışı Sırasında Yapılan Tartışmalar ve Yaşanan Gelişmeler

Abstract

Mustafa Kemal Pasha, the founder of the Republic of Turkey, which aims to create a modern state and society, and Mahmut Esat Bozkurt, the Minister of Justice. They made a legal revolution to implement the “Law of Persons”, “Family Law,” “Law of Inheritance”, “Law of Property” and “Law of Obligations”. For this purpose, the “Civil Law Commission” was established among various law commissions established by the Ministry of Justice. The commission, which started its work for the “Turkish Law Medina” (TKM), decided to take the civil law of a country in Western Europe as it is. In line with this decision, the “Swiss Civil Code” was taken as a whole with some changes and translated by the scientific committee. On February 17, 1926, the articles of TKM were accepted by voting one by one in the Turkish Grand National Assembly (TBMM). As a complement to this law, the Swiss Code of Obligations was also fully adopted, adopted and voted in the Grand National Assembly of Turkey on April 22, 1926, and both laws entered into force on October 4, 1926. Switzerland has made innovations in the “Civil Code” (MK) in accordance with its social needs and structure, and has created a number of new institutions. In Turkish society, which has a different cultural and social structure, it has been decided to implement a new CC instead of going through revision due to its unique characteristics and needs. Harmonization with the acquis during the candidacy negotiations with the European Union (EU) has been an important factor in taking this decision. The new CC studies were carried out on a very wide platform, and finally the draft was accepted in the Grand National Assembly of Turkey on November 2, 2001, and entered into force on January 1, 2002.