Abstract:

The cadres who carried out a series of reforms after the proclamation of the Republic, in this context instead of the existing Mecelle, envisioned the transformation of the legal issues concerning the family that is the nucleus of the state directly. Efforts for this purpose started in 1924 and in 1926, the Turkish Civil Code was adopted through the reception method on the model of the Swiss Civil Code. This law covers personal, family and inheritance law, which were not regulated by the Mecelle during the Ottoman period and established a basis for a civil understanding of law in a hitherto private domain. Undoubtedly, the Civil Code has been the subject of many studies since then. In a country and society in the Muslim East applicability of a law taken from the Christian West, how successful it can be, its shortcomings and truths, and the 1926 Civil Code remains relevant in today's debates. This article will mention the problems posed by the Mecelle in the Ottoman period and the process of transportation of the new law to the parliament, the views expressed at the point where it came to the parliament. Moreover, the Minister of Justice Mahmut Esat (Bozkurt)'s justification for the law will be analysed in particular. This justification will be compared with the bibliography, which Eugen Huber presented as a selection containing information on the legal problems existing in Switzerland at the time and which is among the documents in the Swiss Federal Archive (Schweizerisches Bundesarchiv). In this context, both that period's and today's primary sources and secondary literature will be included in the study.

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