The Implementation of the Ottoman Civil Code (Mecelle) and its Significance in Turkish Legal History

The Ottoman State prepared and implemented the Civil Code (Mecelle-i Ahkam-ı Adliyye) between 1869 and 1876 within its legal modernization. The code in question consisted of books, each of which was implemented after the Sultan’s consent. Nevertheless, the codification did not include fields such as family law and inheritance law –parts that should have been included- and thus received criticism on its implementation. This led to the need for amendments in the code. First, the commission that prepared the civil code attempted to eliminate the deficiencies, but then a “civil code amendment commission” was formed. The commission could not meet the expectations of the New Republic. Furthermore, the impact of the Lausanne negotiations led to the adoption of the Swiss Civil Code via reception. As a result, the Turkish civil code replaced the Ottoman civil law on October 4, 1926. Thus, the Turkish Republic civil code became a topic of Turkish legal history, and the former law continued its validity for a while longer in certain countries which were part of the Ottoman Empire.