Recepcja szwajcarskiego kodeksu cywilnego w Turcji – rewolucja czy kontynuacja?
The Adoption of the Swiss Civil Code in Turkey – Revolution or Continuation?

Summary/Abstract: The article discusses some aspects of the adoption of the Swiss Civil Code by Turkey in 1926. The authors deal with the reasons for secularization of the Turkish civil law through the acceptance of a foreign legal code in its totality and choosing the ZGB code, which is also briefly characterized in its formal respect. Recognizing the revolutionary nature of the adoption, the authors substantiate it in the latter part of the article by focusing on the regulation of family relations in the Ottoman Empire, incorporated in Islamic Sharia law. The immutability of its norms found in legal treaties of Muslim theologians contrasts sharply with the characteristics of each legal act within the European legal culture, including ZGB. The authors therefore maintain that the revolutionary character of the Turkish civil law reform consisted not only in the adoption of the foreign code in toto, but also in repealing Sharia in the form of old legal treaties written by orthodox Muslim theologians that were binding there and then, especially in family matters. The change in the system of legal sources and substance of law was really a revolutionary transition.

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