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Turkish Civil Code and Constitution

Turkish Civil Code and Constitution

Updated on Monday 18th April 2016

power_of_attorney_turkey.jpgAfter the Republic of Turkey was established in 1923 as a democratic country, three years later the civil code came in force and it was regarded as one the most modern codes at that time. The main source of inspiration for the Turkish Civil Code was the Swiss Code that brought modernization in the Turkish law system, which is very important for attracting foreign investors interested in opening companies in this country.

The main civil law in Turkey regulates important issues, such as: residence permits for foreign citizens, custom regulations and other rights and obligation of the citizens who live in Turkey. There are no major differences between Turkish Civil Law and the regulations from other countries in Europe since the Turks introduced in their main laws elements from similar laws in Germany, Italy, France and Switzerland.

The new Civil Code was ratified in 2001 and came into effect one year later. The main change was that it was abolished the supremacy of men and it stated the equality between the two sexes in families. According to the Civil Code from 1926, the women had a subordinate position in the family and the men could take all the major decisions regarding the family.

The main regulations in the Turkish Constitution

The Constitution of Turkey was ratified in 1983 and it states that the head of state is the president of the republic and there are important entities that manage the important aspects in the country: the council of ministers and a unicameral parliament, named Grand National Assembly.

The Constitution also states that independent courts of justice have the judicial power and this is separated into: civil, administrative and military. In Turkey there are courts of first instance, courts of appeals and a court of jurisdictional disputes for cases that can’t be judged by another type of court. There is no jury in the Turkish court system and all the decisions are taken by the judges.

Turkey has 52,000 lawyers which are to be found at the Union of Turkish Bars formed by 74 local bars in the whole country. No foreign citizen can practice Turkish law and this right is reserved for Turkish lawyers.  

If you are interested by other aspects of the Civil Law or Constitution in Turkey and you need advice from an attorney, you can call our lawyers in Turkey.