Civil Law Symposium Examines a Century of the Turkish Civil Code

Court of Cassation Vice President Adem Albayrak: The Civil Code is the individual’s constitution

The Faculties of Law at Yeditepe University and Marmara University and the Association of Civil Law Jurists (Medeni Hukukçular Derneği) jointly organized the “Symposium on the Centenary of the Turkish Civil Code” to mark the 100th anniversary of the code’s adoption. Speaking at the opening, Adem Albayrak, Vice President of the Court of Cassation, said, “States have constitutions, and the Civil Code is the individual’s constitution. The Civil Code touches on the most private aspects of a person’s life.”

The first day of the symposium was held at Yeditepe University on 15 October. The program began with the opening of “The Turkish Civil Code and the Republic” exhibition. Historical documents and images showed visitors the changes to the Turkish Civil Code since it entered into force in 1926, along with developments in the field of law.

Attendees included Adem Albayrak, Vice President of the Court of Cassation; Bedrettin Dalan, Founder and Honorary President of Yeditepe University; Prof. Dr. Mehmet Durman, Rector of Yeditepe University; Prof. Dr. Ahmet Kılınç, President of the Atatürk Research Center (ATAM); Prof. Dr. Osman Gökhan Antalya, President of the Association of Civil Law Jurists and a faculty member at Yeditepe University’s Faculty of Law; and Prof. Dr. Faruk Acar of Marmara University’s Faculty of Law, as well as academics and legal professionals.

“The Civil Code is the individual’s constitution”

Speaking at the opening of the symposium, Albayrak discussed the Civil Code’s place in an individual’s life, saying, “States have constitutions, and the Civil Code is the individual’s constitution.” Noting that the code sets out rules governing every stage of a person’s life, Albayrak said, “The Civil Code touches on the most private aspects of a person’s life. For that reason, it must be recognized as an important law that touches people’s lives.”

Albayrak also addressed the code’s historical significance: “Many Sharia-based and customary structures inherited from the Ottoman Empire gave way to a secular, national, and modern legal order with the adoption of the Civil Code on 17 February 1926. In this respect, the Civil Code is more than a technical legal text. It is intended to transform the structure of society.”

“Implementing a legal system matters as much as establishing one”

Emphasizing that the Republic’s determination to establish a new legal order and rewrite its laws was not sufficient on its own, Albayrak continued:

“Establishing a legal order is not enough. No matter how good a law you enact, it cannot produce the right results unless there are people who apply it well. Good law, good practitioners, good results. Good law, poor practitioners, poor results. At this point, I would like to honor the memory of Mahmut Esat Bozkurt with gratitude. In 1925, a major effort was made to establish a law school in Ankara under the leadership of Mahmut Esat Bozkurt, then Minister of Justice. On 5 November 1925, the Ankara Judicial School of Law was opened by Mustafa Kemal Atatürk.”

“Turkish women regained their rightful place”

Bedrettin Dalan, Founder and Honorary President of Yeditepe University, said the Civil Code marked an important turning point in strengthening the social position of Turkish women and in the process of modernization. Noting that women had held a strong position in early Turkic societies, Dalan said the Civil Code was an important step toward safeguarding women’s rights in areas such as marriage, divorce, and inheritance and restoring their rightful place in society.

“It marked a historic turning point”

Yeditepe University Rector Prof. Dr. Mehmet Durman also highlighted the Turkish Civil Code’s importance in the Republic’s modernization: “The Turkish Civil Code, adopted exactly 100 years ago on 17 February 1926 and entering into force on 4 October 1926, was one of the most important steps our Republic took toward modernization. This major reform meant more than reorganizing our legal system. It also represented a fundamental choice about the future of our society. That choice was to establish a modern social order founded on the rule of law, secularism, individual rights and freedoms, and equality between women and men.”

“A strong legal order also needs capable people”

Durman also emphasized the importance of legal education: “For us, legal education means more than training people who know and apply legislation. It also means educating individuals with a strong sense of justice, respect for human rights, the ability to think critically, and a sense of social responsibility. This is because we know that a strong legal order needs more than well-drafted laws. It also needs capable people who interpret and apply those laws with a sense of justice.”

Prof. Dr. Gökhan Antalya said, “The Turkish Civil Code is the flesh and blood of the Republic; it sets out the rules of social life that reflect its spirit.” Prof. Dr. Antalya also highlighted the exhibition’s importance: “It is a magnificent exhibition. Mahmut Esat Bozkurt’s bust is also on display. We have another important development. We have brought a sculpture back into view, back into the light. Today, Mahmut Esat Bozkurt’s bust welcomes us in our exhibition hall.”

“The Civil Code is no ordinary law”

Prof. Dr. Faruk Acar of Marmara University’s Faculty of Law described the adoption of the Turkish Civil Code in 1926 as one of the Republic’s most important legal reforms. “The aim was for our people to take their place in the modern world, and important changes were introduced to that end. Turkish jurists, judges, and scholars have applied and interpreted the Civil Code over the course of a century. In this way, we have made the code part of our own legal culture and tradition,” Acar said.

Second day at Marmara University

The symposium’s sessions covered preliminary provisions, the law of persons, family law, inheritance law, property law, and the law of obligations. Academics assessed legal developments since the code entered into force, judicial decisions, and problems encountered in practice.

The second day of the symposium will be held on 16 October at Marmara University’s Faculty of Law on the Göztepe Campus. The two-day program will conclude with sessions examining a century of experience with the Turkish Civil Code and future legal needs.

Press: Aydınlık| DHA| Haberler