Journal Name:
- Annales de la Faculté de Droit d’Istanbul
| Author Name | University of Author |
|---|---|
Abstract (2. Language):
The Turkish Civil Code [Türk Medenî Kanunu1, ‘CC’], which is
based on the Swiss Civil Code of 1907 [Zivilgesetzbuch, ‘SCC’], came
into force in 1926. The SCC and the CC have undergone several
amendments, and in 1988 the parts regarding the Family Law and
the Law of Inheritance of the SCC were thoroughly amended. The
amendments made in the Family Law reflect the fact that equality
between the spouses has become the norm; in an increasing percentage
of marriages both spouses are working outside, and must
be considered as breadwinners on an equal basis, wherefore it can
no longer be considered acceptable that the husband should be
legally entitled to have sovereignty in the family. The amendments,
however, also reflects the fact that in some marriages one spouse
may be economically much weaker than the other, and therefore in
need of protective measures.
In the amendment of the SCC Family Law one of the important
novelties was Article 169 SCC, which regulates certain transactions
regarding the family home. Inspired by the SCC, the CC was amended in 20022. The Turkish regulation of certain transactions
regarding the family home is found for example in Article 194 CC
that corresponds to Article 169 SCC.
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FULL TEXT (PDF):
- 56
263-278