Abstract:

The last shape of the Turkish Civil Code, formalized by the alterations to which it exposed, requires to make a comparative commentary between the ancient religious argument-centered form and the new secular, western originated form. This comparison has also an importance to be a source of inspiration for a debate issue that will come up with important results of a socio-political comparison between both Ottoman Empire with Republic of Turkey and Western with Eastern civilizations and cultures. As generally known; with the pointed alterations done by many reforms as a result of the proclamation of the Republic, many applications and legal arguments, which are questionable to be convenient to Turkish social structure and ethics or not, are actualized. At that point of view it has been obligatory to question the sociological realities of Turkish society according to the relations of civil code that is shaped by the quotations of Western codes and start out with some legislation studies on Turkish domestic law to screen out the appropriacy. At this study in line with this purpose, a sociological evaluation is going to be tried to be presented by the help of some legislation studies of civil code concerned with the family and the comparation of Turkish Domestic Law and Ottoman’s Domestic Law. Here it is also obligatory to evaluate the parameters of Turkish modernization and also some philosophical, social and political properties of the Republic founder decree.

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