Title of article :
RESULTS OF ADOPTION ACCORDING TO LAW OF SUCCESSION FROM THE PERIOD OF OTTOMAN LAW TO MODERN TIME
Author/Authors :
yakut, esra anadolu üniversitesi - hukuk fakültesi - hukuk tarihi anabilim dalı öğretim üyesi, Turkey , çağlayan aygün, gözde anadolu üniversitesi - hukuk fakültesi - medeni hukuk anabilim dalı araştırma görevlisi, Turkey
From page :
11
To page :
46
Abstract :
The practice of giving abandoned children under the protection of families In Ottoman Empire is similar with the practice accepted in Islamic Law. Besides that, there were some different practices in the Empire carried out for the protection of children. Children below 7 were adopted by families under the title of “Foster Family” while children above 7 were given to the protection of families as “Besleme” (adopting a child who helps housework; with no rights of succession” in the Ottoman period; these children who were protected by the families as ‘waiting maids’ used to work and learn a profession. In both practices, alimony payment of the child was made by the family for whom the child worked, but there were not a lineage relation between the family and the child. The idea of protecting abandoned children firstly appeared in Civil Law dated 1926 under the concept of ‘adoption’; some changes were made, but the Law in force continued. Thus, the Institution of adoption was included in Turkish Law system. Existence of more than one type of adoption caused differentiation of the right of the adopted child, especially the right of succession. Adopted child has different rights of succession according to different laws. Adoption process is significant in terms of the Law of Succession. Adopted children can have different rights of succession according to different Laws.
Keywords :
Tebennî (Adopting a Child) , İcar , ı Sagir (Fostering Children of Poor Families With Maintenance Payment) , Besleme (Adopting a Child Who Helps Housework , With No Rights of Succession) , Adoption , Right of Succession.
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Journal title :
Selcuk University, Journal Of The Faculty Of Law
Record number :
2748904
Link To Document :
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