PDF Dosyası - Ankara Üniversitesi Kitaplar Veritabanı

part of the nineteenth century such a basis of autonomous character couldnot come into existence in a small area such as Svvitzerland, ali the less asat that time said area vvas predominantly agrarian and as such providinglittle incentive to develop a class of lavvyers having profound professionaltraining. The juridical culture in the 19th century could only consist in theparticipation of Svviss lavvyers in the legal culture of the neighbouringcountries. Personalities such as Friedrich Ludvvig Keller (1799-1860) andJohann Caspar Bluntschi (1808-1881), both originated in Zürich (in theearly 19th century stili a very small city) studied in Germany and becamelegal authorities in their home tovvn contributing to the foundation of theUniversity and its Law Faculty (1833). Bluntschli has direct involvementin our problem being the main author of the "Privatrechtliche Gesetzbuch"(PGB) for the Canton of Zürich of the years 1854/56 vvhich did notonly receive vvide international attention vvith noticeable impact in Germanybut vvas the most influential model for the SCO and SCC, thereforebeing part of the historical background of the actual Turkish codes. Bymid-century both Keller and Bluntschli made an important career in Germanyas lavv Professors and legal vvriters, even participating in Germanpolitics, their deeds giving evidence of the close intellectual connectionof Svvitzerland vvith the Gennan area. -The main author of the old SCO ofthe years 1881/83, Walther Munzinger (1830-1873), had studied in Berlinas vvell as in Paris; he vvas teaching at the Bernese Faculty i.e. FrenchLavv, and his draft of the SCO shovvs considerable influence of the Frenchtradition. Eugene Huber (1849-1923), best knovvn of ali Svviss authors inTurkey, vvas for four years Professor in Halle (Germany) before acceptinga chair at the Bernese Lavv Faculty vvhen in 1892 being invited to draftthe Swiss Civil Code. As a rule Svviss students of lavv, vvhenever theycould afford it, performed a substantial part of their studies at GermanUniversities; a tradition vvhich came to an end only in the nineteenthirties.Altogether the involvement in the legal culture of central Europeof Svvitzerland as vvell as of the personalities directing the several proceduresof codifıcation is evident, and likevvise evident the integration ofthe Svviss codifications in the framevvork of the Continental legal tradition.When trying to allocate the content of the Svviss codes either to authenticnational Svviss lavv-sources or to the lavv-tradition common to alicountries of Europe the assumption vvill be realistic that the latter (i.e. theEuropean) influence is -contrary to the actually prevailing vievv- by farmore important than that of national character. Said rule is, as may beadded, not restricted to the Svviss codes but applies also to a codificationsuch as the German Bürgerliche Gesetzbuch (BGB) vvhich is to a muchlarger extent than realised by the today's German lavvyers indebted to theFrench Code Civil, to the Zürich PGB and to the old SCO of 1881/3 (seebelovv). Undoubtedly the SCC, considerably more than the SCO, includesa large amount of details vvhich are authentic, i.e. reflecting local lavv-221