Reception and development of the Swiss Civil Code in Türkiye: where do we stand in Turkish family law after 100 years?

Abstract

This article explores the century-long path of the reception and adaptation of the Swiss Civil Code in Türkiye through the lens of family law, tracing its evolution from the late Ottoman modernization efforts to the legislative overhaul of the 2002 Turkish Civil Code. Adopted by Türkiye in 1926, the Swiss model provided a modern, accessible legal framework designed to unify a legally and religiously pluralistic society. Over the past century, the implementation of this legal transplant has faced tensions between progressive statutory ideals and conservative social realities, notably regarding compulsory civil marriage and the legal status of children born out of wedlock. The 2002 tCC institutionalized formal gender equality, abolished the patriarchal ‘head of the family’ model, and established a default matrimonial regime of participation in acquired property, largely mirroring earlier Swiss reforms. However, the article highlights significant areas where the two systems have drifted apart due to deliberate policy choices or legislative inertia in Türkiye. These include the retention of fault-based divorce, a 300-day waiting period for women to remarry, lower minimum marriage ages, and restrictive frameworks for legal gender recognition and adult protection. Ultimately, the study underscores that while the tCC remains firmly rooted in its Swiss foundations, its ongoing evolution reflects a continuous socio-political struggle to balance secular modernization with traditional Turkish family values.