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THE POSITION OF THE CIVIL LA WOF TURKEY IN THE WESTERNCIVILISATIONProf. Dr. Eugen BUCHER*I. Turkish Civil Laws is not only Swiss, but European in characterIt is common knovvledge that the legislator of modern Turkeywhen in 1926 codifying its civil law, followed the example of thecodes of Switzerland, i.e. the Swiss Civil Code (SCC) and the Code ofObligations (SCO), both in force there since 1912. The Turkish andSwiss Civil Codes are (except for minör modifications) identical,therefore allovving the view that Turkish and Swiss private law are thesame. This understanding is not only the view of the layman and of foreigners,but is also prevalent amongst the lawyers and in the doctrine ofTurkey.Said interpretation of the legal situation in Turkey is most flatteringto Switzerland and to every Swiss lawyer but it is correct only,as long as we are prepared to apply the understanding of law as predominantin the heroic periods of the creation of the modern codifıcations,i.e. the identifıcation of the law with the then fathered codifıcationsor, the other way round, to reduce law to the then born codes. This conceptof law is no longer valid but gives more and more room to otherviews.The celebration of the birth of modern Turkey, including its westernisedprivate law seems to be the appropriate occasion to discuss the consequencesof the new understanding of law for the situation of Turkishprivate law which in many respects is historically exceptional. Eventuallyit shall be shown that Turkish law is in character Swiss, but at the sametime predominantly European.University of Bern.217