What Is the Law System of Turkey

If you're living in Turkey, planning to invest, studying law, or simply curious about how the Turkish legal system works, you’re in the right place. This guide translates the complex world of law in Turkey into everyday language—without losing the depth, accuracy, or professionalism you need.

Let’s walk through the most important questions people ask about the law system of Turkey, how it is structured, where it comes from, and what makes it unique.

Understanding the Turkish Legal System

What is the law system of Turkey?

Turkey follows a modern civil law system, which means laws are written, organized into codes, and applied consistently across the country. Instead of relying heavily on judge-made rules, Turkey depends on clear written legislation.

What type of legal system does Turkey have?

Turkey has a civil law–based legal system, very similar to the legal systems of many European countries.

Is Turkey a civil law country?

Absolutely yes. Turkey has been a civil law country since the early 20th century, after major legal reforms that replaced older systems with modern European-style codes.

What is the basis of the Turkish legal system?

The foundation of Turkish law rests on:

• The Turkish Constitution, the highest legal authority

• Codified laws and codes

• International treaties the country has joined

• Regulations and by-laws issued by government bodies

Together, these shape how justice is delivered and how daily life is governed.

Foundations of Law in Turkey

What is the constitutional law of Turkey?

The Constitution of Turkey defines the state structure, sets out fundamental rights and freedoms, and ensures that Turkey remains a democratic, secular, and rule-of-law-based country. Everything else in the legal system must comply with it.

Is the Turkish legal system secular?

Yes—this is a defining characteristic.

Secularism (laiklik) in Turkey means:

• Religion does not influence state law.

• All citizens are treated equally regardless of faith.

• Courts apply secular, codified laws, not religious ones.

What is the hierarchy of norms in Turkish law?

Think of it as a ladder of authority:

• The Constitution

• International treaties (especially for human rights)

• Laws and codes passed by Parliament

• Presidential decrees

• Regulations

• By-laws and administrative rules

Each level must respect the levels above it.

How are international treaties applied in Turkish law?

Once Turkey ratifies a treaty, it becomes part of domestic law. In human rights matters, these treaties even override conflicting Turkish laws, which provides strong protection for individuals.

Sources and Influences of Turkish Law

What is the source of law in Turkey?

The core sources are:

• The Constitution

• Statutes and legal codes

• International conventions

• Customary practices (very limited)

• Judicial decisions that guide interpretation

Was the Turkish legal system influenced by other countries?

Very much so. During Atatürk’s reforms, Turkey drew heavily from advanced European systems to modernize its legal framework.

Did Turkey copy the Swiss Civil Code?

Yes—the Turkish Civil Code is strongly based on the Swiss Civil Code. This influence is especially evident in areas like family law, inheritance, and property law.

What are the main codes of Turkish law?

Turkey uses several major codes, including:

• Turkish Civil Code

• Turkish Code of Obligations

• Turkish Commercial Code

• Turkish Penal Code

• Civil and Criminal Procedure Codes

• Administrative law rules

These create a clear, predictable structure for almost every situation in civil, commercial, and criminal life.

Structure of the Turkish Judiciary

How is the Turkish judicial system structured?

The Turkish judiciary has multiple tiers to ensure fairness and review:

• Constitutional Court

• Court of Cassation (Yargıtay)

• Council of State (Danıştay)

• Regional courts of appeal

• First-instance courts across civil, criminal, and administrative areas

It’s a well-organized system designed to deliver justice step by step.

What is the role of the Constitutional Court in Turkey?

This court protects the Constitution. It reviews laws, handles political party cases, oversees election issues, and hears individual rights applications when citizens feel their rights were violated.

How does the Court of Cassation (Yargıtay) function?

Yargıtay is the highest court for civil and criminal law. It ensures that courts across Turkey apply laws consistently and correctly.

What is the role of the Council of State (Danıştay)?

Danıştay is the top administrative court. It reviews disputes involving government decisions—anything from tax penalties to public tenders to administrative actions.

What are the different types of courts in Turkey?

Turkey has a wide variety of courts, including:

• Civil courts (family, commercial, enforcement)

• Criminal courts

• Administrative and tax courts

• Specialized courts like IP courts, consumer courts, and labor courts

Each court deals with its own specific type of case.

Key Areas of Turkish Law Explained

What is the Turkish Civil Code?

It covers the most personal areas of life—marriage, divorce, family rights, inheritance, property ownership, and the legal status of individuals.

What is the Turkish Commercial Code?

This code governs everything related to business life:

• Company formation

• Trade rules

• Corporate responsibilities

• Commercial disputes

It is one of the most important laws for investors and entrepreneurs.

What is the Turkish Penal Code?

The Turkish Penal Code defines crimes and punishments. It aims to protect public order, individual rights, and social peace.

How does contract law work in Turkey?

Contracts fall under the Turkish Code of Obligations. As long as both parties agree freely, have capacity, and the contract has a lawful purpose, the agreement is enforceable.

What are the property laws in Turkey?

Property ownership, land transfer, mortgages, and title deeds all come from the Turkish Civil Code. Foreigners can buy real estate with certain country-based restrictions.

What is the law regarding foreign investment in Turkey?

Foreign investment is protected by:

• National laws

• International treaties

• Bilateral investment agreements

Foreigners enjoy equal treatment with Turkish citizens in investment matters.

Comparisons with Other Legal Systems

Is Turkey a common law country?

No. Turkey does not follow common law like the UK or USA. It is a civil law country with codified statutes.

How does the Turkish legal system differ from the American/British system?

Key differences include:

• Turkey depends on written codes, not judicial precedents

• Judges apply laws rather than create them

• Procedures are highly structured and formal

• The style is much closer to European legal traditions

Is the Turkish legal system similar to the European system?

Yes—Turkey’s laws resemble Swiss, German, French, and Italian systems, especially in civil and commercial matters.

Turkish civil code vs Swiss civil code—what’s the difference?

The structure and logic are similar, but Turkey has adjusted certain areas to fit its own social and cultural context.

Practical FAQs for Expats, Investors & Foreigners

What are the rights of foreigners under Turkish law?

Foreigners generally enjoy:

• Equality before the law

• Protection of property

• Access to courts

• Investment freedoms

• Contractual rights

Turkey’s legal system is welcoming to international individuals and businesses.

How does the Turkish court process work?

A typical case goes through:

• Filing a petition or complaint

• Notification to the other party

• Evidence gathering and hearings

• Judgment

• Appeal to regional courts

• Possible final review by Yargıtay or Danıştay

How does business law in Turkey apply to foreigners?

Foreigners can freely:

• Open companies

• Own businesses

• Sign contracts

• Buy property

• Seek legal remedies in Turkish courts

What about residency and citizenship law in Turkey?

Foreigners can obtain residency through property purchase, employment, investment, or family ties.

Citizenship may be granted through:

• Investment

• Marriage

• Long-term residence

• Exceptional achievements or contributions

Turkey’s framework is quite welcoming for international residents and investors.

Feeling Lost in the Turkish Legal System? We’re Here to Guide You.

The Turkish legal system can feel complex—especially if you’re new to the country, investing from abroad, or simply trying to understand your rights. You don’t have to figure it out alone.

At Kurucuk & Associates, we take the time to listen to your story, understand your goals, and explain every step in a way that feels clear and manageable. Whether you’re dealing with a business matter, a family issue, a property concern, or questions about citizenship or residency, our team is here to support you with genuine care and practical legal solutions.

Reach out to Kurucuk & Associates today.

Let’s navigate Turkey’s legal landscape together—with confidence, clarity, and peace of mind.

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