Annales de l’université d’Alger
Volume 30, Numéro 3, Pages 217-229
2016-10-25
The Voyage Of Civil Code Of Turkey From Majalla To The Present Day
Auteurs : Gedikli Fethi .
Résumé
In this paper, I introduce briefly the process of codification of civil law of Turkey. In XIX.th century, Ottoman administrators started some codifications which went to two different ways. One is national codes and the other was translation of some French codes. Ottoman codes of land law, civil law, and family law depend on the fiqh and Ottoman sultan’s will. Actually, making a western type statue was a turning point in Islamic tradition and this was revolutionary character in fiqh in that century. The architect of this achievement was famous Ottoman statesman, legalist, historian Ahmed Cevdet Pasha (1822-1895) and his friends. The title of Ottoman civil of law that based on Islamic law is Majalla-i Ahkam-i Adliye, literally codes of judicial rules, famous in briefly Majalla. The preparation of Majalla took 8 years between 1868 and 1876. After the establishment of the republic of Turkey, the parliament was removed it and in 1926 the Swiss civil code and the obligations code were received with little change by Turkey. In 2001, the Civil Code of 1926 was abolished and a new Civil Code and in 2011, Obligations Code were enacted
Mots clés
Ottoman Civil Code, Majalla-i Ahkam-i Adliye, Islamic law, Turkish law, Ahmed Cevdet Pasha, Swiss Civil Code, Swiss Obligations Code, reception
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