TURKISH CIVIL CODE NO:743 (REPEALED)

Law Number : 743

Date of Adoption : February 17,1926

Date and No. of Publication in the Official Gazette : April 4,1926 - 339


NOTE: This translation is unofficial and for information purposes only. All rights of it are reserved as a translation anyway. Read this page first, please. Click "TÜRK KANUNU MEDENÎSİ" for full Turkish text of the Code.

 

PRELIMINARY

(A) APPLICATION OF THE CIVIL CODE

Article 1 – The law is applied in all matters which it refers with its wording and spirit. In a question where no provision is existing about, the jugde decides in accordance with customary law, and if there is no customary law existing either, he/she decides in such a way that how a rule would enact related to this question if he/she were a legislator himself/herself.

The judge, benefits from scientific opinions and judicial decisions in his or her judgement.

 

(B) SCOPE OF CIVIL RIGHTS

I. General duties :

Article 2 – Every person, is obliged to obey good faith rules when exercising his/her rights and performing his/her obligations.

The Law does not protect abuse of a right which damages others only.

 

II. Good faith :

Article 3 – In cases where good faith was a condition for coming out of a right, existence of good faith is presumed primarily.

However, the person who does not exercise due diligence expected from him or her according to requirement of the situation, may not claim of good faith.

 

III. Discretion of judge :

Article 4 – In matters where the Law conferred judicial discretion or regarded obliged to deliver a judgement according to the requirements of the situation or valid grounds, the judge decides in accordance with the law and equity.

 

(C) GENERAL RULES OF OBLIGATIONS :

Article 5 – General rules which was specified in the chapter of obligations related to conclusion, effects and termination reasons of contracts shall also be effective in other sections of civil law.

 

(D) PROOF :

I – Burden of proof :

Article 6 – Unless the Law ordered the contrary, any one of the parties has to prove his/her/its claim.

 

II- Formal registers and deeds :

Article 7 – Until it has been proved that formal registers and deeds were not correct, there will be observed to their content. Proving of incorrectness of this content is not bound to any special form.

 

BOOK ONE
Law of Persons

PART ONE
Real Persons

CHAPTER ONE
Personality

(A) PERSONALITY :

I – Enjoying civil rights:

Madde 8 – Every person will enjoy civil rights. Accordingly every person is equal to have rights and assume obligations within the scope of Law.

 

II – Excercising of civil rights :

1 – Its subject :

Article 9 – Any person who has capacity to excercise civil rights is also capable to acquisition and assuming of them.

 

2 – Its conditions :

a) In general :

Madde 10 – Any major person having discretion and not interdicted, has capacity to excercise civil rights.

 

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