Abstract:

The main purpose of the adaption institution is to ensure, that children, either not taken care of or abandoned by their families, are integrated into the society as healthy individuals having completed their psychological and physical developments within an ideal family environment that they need, whilst enabling families which desire having children, to adopt a child. Moreover, not only the adoption of children but also the adoption of adults and people with limited capacity (such as mental incapacity, wastefulness, substance addiction etc.) is possible under specific circumstances. The adoption institution was regulated under the Turkish Civil Code no. 743 and is currently regulated under the Turkish Civil Code no. 4721 which is in force. There are, however, substantial differences between these two legislations. By introducing fundamental changes under the Turkish Civil Code no. 4721, ratio legis and the spirit of the Swiss Civil Code were further approached which was used as base. Nevertheless, as evaluated further under the study, the relevant provisions of the Swiss Civil Code as to the adoption institution have not been identically adopted and a sui generis hybrid system has been adopted. While regulating the relationship between the adoption institution and inheritance law under the Turkish Civil Code no. 4721, provisions under the Turkish Civil Code no. 743 prepared based on the Swiss Civil Code dated 1912 have been preserved.

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