Azınlık Vakıfları (Tarihî Arkaplanı, Hukukî Yapısı Ve İç Analizi)
Minority Foundations (Historical Background, Juridical Status and Internal Analysis)

Summary/Abstract: In Turkish public opinion there is a confusion of non- Muslim Ottoman waqfs and the foundations set up by minorites or foreigners since the establishment of Turkish Republic in 1923. Although most of them were based on the Ottoman- time waqfs or pious deed corporations, minority foundations have been constituted by the 1936 official declaration. They heve been secured by the Treaty of Lausanne. In this article internal analyses of those foundations have been made after their historical backgrounds and legal status been examined. Ottoman State had given permission for the establishment of non-Muslim waqfs providing they would not be at enmity with itself. All the non-Muslim Ottoman waqfs or pious deed corporations especially those founded after the “Tanzimat” (administrative reforms of 1839) were recognized as juridical personalities of foundations upon their applications with regard to the 1936 official declaration. The said declaration was issued to make record of all the juridical personalities set up by the minorities and was based upon the new law on foundations which had been legislated in 13 June 1935. Today there are all together 161 mimority foundations in Turkey remaining from then, 74 of which are Roman, 52 Armenian, 18 Jewish, 10 Syrian Orthodox, 3 Chaldean, 2 Bulgarian, 1 Georgian and 1 Turkish Orthodox. Turkish Civil Law does not give permission for new juridical peorsonalities under the name “minority foundations” other than those. However minorities who are Turkish citizens can establish new foundations which display activities towards their aims. In the article below, only those 161 foundations have been dealt with.

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