PRAKT. MANUALS FOR D E AUSLAENDER FOREIGNER RİGHT
2 - general view of the Turkish juridical system
Since the Begrundung the Turkish republic about 13,000 laws were put into effect. However about all laws were set by the Osmani realm out of strength. Due to the laizistischen opinion of Atatuerk and its opinion over it that he calls the western states our leader it was copied, our to many laws by these states with small modifications and put into effect.
e.g.; Turkish civil law book was translated from the Swiss civil law book. However law of contract, full straining and law of bankruptcy and judicial code were copied from Switzerland, as well as taken Turkish penal code from Italy and Turkish code of criminal procedure from Germany. Since ours originate this basic setting from European states, our right system is similar with the right system of western states
Turkish republic has a parliamentary right system and the government authorities is independently the legislative force, the carrying out force and on the right-speaking force is divided and independent of others. The Turkish large meeting has the power in the name of the Turkish nation for legislation. The president and the government are responsible and obligated to the execution of the laws.
The on the right-speaking force is entrusted in the name of the Turkish nation to the independent judges. The competence and Pflichte of the courts are legally regulated. Otherwise the court cannot decide and not offend against the competence and Pflichte of other courts. Against a judicial decision a party at the highest court can insert contradiction or appointment. Thus the decision is again checked.
The on the right-speaking force is exercised by the three right organs; General courts, Administrative Courts and military courts. Authority conflict court is responsible for the disputes over the range of the rights and Pflichte of these courts. No court can decide the parties in the civilian and criminal procedure without to performance of the freiwilligen and necessary defense of the accused has same rights.
The regulations of the condition are the highest legislation. The laws cannot be unconstitutional. If it is maintained, for it the complaint can with the Verfassunggerricht is raised. The constitutional court decides validly. Thus against these decisions no contradiction can be inserted. Into Germany the natural and legal entities can insert contradiction against the decisions of the constitutional court. In Turkey they are so no right.
Article 12 of the Turkish Basic Law designated the similar fundamental rights with in the articles 1 and following articles of the federal Basic Law fundamental rights designated: Everyone has inviolable, indispensable and fundamental rights and liberties not transferable, which are dependent on its personality. In 13. Article was designated it that the fundamental rights and - liberties due to this article defined circumstances by the law to be limited. Since in the Turkish Basic Law in place that is intended word " Turkish citizen " of everyone ", the rights defined in articles indicated above are applicably also for the foreigners. In the 16.Artikel the following is intended: " the fundamental rights and - liberties can be limited according to the international order by the law. Thus, since the foreigners come to the discussion, the fundamental rights know and - liberties both from in 13. Article defined reasons and by the law a prerequisite that this limitation corresponds to the international order, to be limited.
The Turkish legal regulations do not form whole. However the regulations of the different setting for the foreigners are applicable. Besides Turkey joined many international conventions and into effect put, as well as many bilateral contracts concluded. These contracts verabschiedenen joined by Turkey or have legal power and not as unconstitutional are defined. For this reason the courts the present Treaties are to be applied like a legal regulation. Since it would be very heavy the fact that the judges inform about the present Treaties can decide her without relevant information. In this case it is very important that the parties render the assistance to the court. Since the legal regulation to the thing and relevant international contract contradict themselves against each other, then the court has the priority of the international contract to assume. Against the decision of the court, which applied some the legal regulation, which does not correspond to the international contract, the appointment for this reason can be inserted. After our view it would be possible that a complaint at the constitutional court is raised under the statement that an applied legal regulation does not correspond to the international contract concerned. Because, our Basic Law considers the international contracts vorraengig as the laws and retains it. So the laws must be issued according to the international contracts. In the other case no legal strength would have the joined and final international contracts.
Hacı Ali Özhan
hacialiozhan@mynet.com
Not:German-Deustch:PRAKTİSCHER HANDBUCH FÜR DİE AUSLÄNDER ....Ausläderrecht-
1.Einführng
2.allgemeiner Blick auf das türkischen Rechtssystem
3.Burgerrecht
4.Das Klagerecht und die an der Klage zu leistende Sicherung des Ausländers
5.Die Anerkennung der gerichtlichen und schiedsrichterlichen Entscheidungen
6.PERSONENRECHT
7.Yabancının taşınmaz edinmesi
8.Dernek, Sendika ve Sosyal güvenlik
9.ERZIEHUNGSRECHT
10.HANDELSRECHT
11.Joint Venture Vertrag
12-Europavertrag und individuelles Antragsrecht
13-Die Eheschliessung, das Verlöbnis, Die Abstammung
14-Ehescheidung, Die elterliche Sorge, Unterhaltspflicht, Schadenersatz
15-Strafrecht