TURKEY |
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General
Principles |
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Foreigner’s Rights |
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Real Property Acquisition |
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THE
OTHER LAWS

Administrative Law :
Administrative
law is the branch of particularly concerned with the
administrative machinery of government. The content
of it is different from that of Anglo-American administrative
law: It comprises a wide range of topics such as public
personnel administration, police power, administrative
acts, actions and contracts, liability of the state
and its agents, central and local administration, judicial
control of Administration, public property, taxation,
planning and natural sources.
Law Of Person :
Law
exists to regulate the relations of persons , and such
persons are the subjects of rights and duties imposed
and given by law. Some statements that Turkish Law stipulated
are as below:
According
to the Civil Code, the personality of human being starts
at the moment of birth and ends at death.
The facts of birth, marital status and the sex of a
person, children and religious denomination are registered
in the Registries of Birth, Death and Marriage, which
are kept by the state.
Every person has a domicile which is under constitutional
protection. Every person must have a domicile and a
person may have only one domicile.
Persons are legally entitled to protect their personalities.
Familly Law :
The
Turkish Civil Code modeled on the Swiss Civil Code.
The traditional family in Turkey is a rural, large family.
Turkey’s industrialization and internal immigration
from rural areas to large cities have, however, tended
to cause a change towards the small, nuclear family.
Furthermore, the Code became partly insufficient to
answer the needs of modern developments and changing
new values such as equal treatment of the sexes and
elimination of distinctions between legitimate and illegitimate
children. Threfore, The Court Of Cassation and The Constitutional
Court try to fill the statutory gap by giving a contemporary
interpretation to the provisions of the Civil Code.
The Civil Code regulates engagement, marriage, matrimonial
property system, divorce and judicial separation principles
and also parent and child subjects.
Law Of Obligations :
Three
different kinds of obligations are the general subjects
of the Turkish Code of Obligations :
1.
A person may be under an obligation because of signing
a contract;
2. He may commit a tortious act and therefore may be
under an obligation to pay damages to another person.
3. He may have been unjustly enriched, and, as a result,
be under an obligation to pay the losses of another
party.
Criminal Code :
The
Turkish Criminal Code, which is based almost entirely
on the Italian Criminal Code of 1889, adopted by Turkey
in 1926. This Code has been amended many times, and
more than half of its articles have been changed.The
Code specifies most crimes and contains the general
principles of Turkish criminal law which are applicable
to all criminal matters, unless another statute specifically
provides otherwise. The general principles are in Book
One; the crimes are specified in Boks Two and Three.
There are two categories of crimes: felonies and misdemeanours.
In addition to the Criminal Code, there are many penal
statutes which contain specific crimes and regulate
special fields of criminal law such as Military Penal
Code. Many civil laws also prescribe penalties for certain
criminals acts.
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