Belgesay Kürsüsünün 1937-1938 Ders Yılı Medenî Usul Hukuku Dersleri: Özellikle İkrar ve Kesin Hüküm Takrirleri

Abstract

The 1920s and 1930s represent a historical period in Turkey in which a rapid transformation in legal concepts and terminology occurred due to the reception of continental European laws. Turkish legal literature, which developed with more comprehensive treatises in the 1960s and 1970s, interrupted the interest on Turkish commentaries, manuals and treatises published in the first twenty years of the Republic. The jurisprudence of the 1930s, partly bearing the traces of Ottoman law belongs to the legacy of the generation which established the Republic, and remains by and large applicable even today. Mustafa Resit Belgesay is a leading Turkish jurist of late 19th and early 20th century. A student notebook recording Belgesay’s courses on the Law of Civil Procedure in the academic year of 1937-1938 sets an excellent example on this matter. The comparison of Belgesay’s notes and books published in the same period -that is immediately before and after the Code of Civil Procedure numbered 1086 entered into force- reveals interesting discussion issues. For example, while the lectures regarding admission and res judicata are examined by comparing them with the books, there are fascinating details that may make some of the dominant legal opinions in today’s doctrine and judicial precedents in both subjects reconsidered.