The Summary of European Influence in Law

Turkish Law Legal System is accepted to be in Continental Europe. It is largely influenced by European countries. This affected began 19th century during the Ottoman period. After the proclamation of the Republic of Turkey in 1923 under leadership of Mustafa Kemal Atatürk, European countries have been important legislation. In 1927 and 1929, the Turkish Civil Code and Loan Law,Proceedings of the Execution and Bankruptcy Law was taken as an example from Switzerland. The Criminal Code was taken as an example from Italy in 1928, the Criminal Procedure Act was taken as an example fromin Germany 1929.Later in the preparation of the Turkish Commercial Code,there was a significant effect of the German jurist Ernst Hirch.A new Constitution was adopted in 1961. While there was a German effect in Fundamental rights in Constitutional Law,the French Law effect was accepted obvious in Administrative Law. In Turkish Law there is a distinction made between private law and public law as well as German law.

The Turk Effect in Other Countries Mustafa Kemal Atatürk,who is not only the founder of Turkish Republic and also a

source of inspiration in other countries. In Indonesia, many intellectuals are influenced by his ideas in Turkey and its a great respect for what he did and felt. Repercussions and effects of the various reforms in Turkey, Indonesia, aims to focus on. Ataturk and the Turkish revolution in this country is concluded that the effect is greater.

Criminal law analyses the words of crime and punishment. In Turkey, criminal code was made in 1926.

Turkish Criminal Code was followed the Zanardelli Code which was introduced in 1889 at the birth of the new Italian nation. Then Turkish Criminal Code was introduced by Grand National Assembly of Turkey.

Since then, it has been changed for fifty four times. The most important change was in 1936.

According to Turkish Criminal Code, there are two main principles;

• Principle of Legality• Principle of Fault

Elements of Crime; Factor of Legality Factor of Monetary Factor of Unlawful Factor of Psychological

Business Law, regulates the commercial relations between people. Turkish Business Code was made in 1926. It was followed the German Business Law.

Turkish Business Law has;

Business Concern Law

Companies Law

Instrument Law

Transportation Law

Maritime LawInsurance LawCompeting LawIntellectual

Property LawSecurities

Exchange Law

Turkish Civil Code

• Mecelle• Mecelle was removed• New Turkish Civil Law

Mecelle,during the Ottoman period,was prepared in adherence to religious laws by a scientific committee headed by Ahmed Cevdet Pasha.

Ahmet Cevdet Pasha

Mecelle was complied between 1868 - 1878

kadi or Muslim Judge

Mecelle was used as a legal basis for Sharia courts of Ottoman Empire.

The legal law,which was carried out during the Ottoman period and conducted with religion,didn’t seem that it could overcome the needs of Turkish people,who stepped into modernity then.

Firstly Mecelle had been prepared and it brought a number of the innovations but it had not been enough. Due to the fact that it didn’t have some laws about family, property affairs,heritage ; it couldn’t be thought as civil law.

As a result of these reasons , Mecelle was aborted by Grand

National Assembly of Turkey.

Turkey was a newly-founded-country so government had to enact laws.

So The Turkish Civil Law,which was taken as an example of Swiss Civil Code, was accepted by Grand National Assembly of Turkey and put into effect on 17th of February in 1926.

The innovations which was brought by the Turkish Civil Law:

+Equality of men and women were ensured.+Obligatory of civil marriage was brought.+Monogamous marriage was obligated.+Women's rights -about heritage,marriage,

divorcing..- were equalized as men’s .

Some photos from later Turkish Civil Code was accepted

The Turkish Women work.

Sabiha Gokcen who was the first woman pilot of Turkey.