Evening star., 1926-10-05
BACKGROUND OF EVENTS
BY PAUL Y. COLLINS.

Yesterday was New Turkey
birthday" of it's new civil code, ana
marked the abandonment OF the last
tie to the Koranic law. 1t was the
fulfillment, yesterday, of the pledge
of the Young Turks. made at the
Lausanne conference with the aiIleS
in July 1923, that the Turkish re-
public would appoint European ad-
visers from countries not involved III
the World War, who would declde
what system of civil law could best
he formulated to take the place OF
the old Koranic law, based on the
Mohammedan Koran.
The advisers, selected from Hol-
land. Sweden. Switzerland ana SPAIN
met in July, 1924, and have Deen
working on the problems ever since
In the end. they adopted the SWISS
code. which has been in operation
in Switzerland since 1907. But few
minor changes were found necessary
to fit it to Turkish conditions. IL was
given preference over the frenci!
Napoleonic code, or the Italian, be-
cause more modern and because IL
has been tried out in republic com
posed of various natlonalllleS-
Swiss, French, German and ltailan:
The Swiss code was the product OF
IS years evolution and study Delore
adoption in Switzerland in l9O|.
For several years the Turks have
desired to modernize their laws. Inc
old civil code, adopted in 1869, was
based upon Moslem ideals, win the
caliph. the head of the Moslem re-
lipion in supreme power The union
Of church and state there meant
that the church control was absolute
in Turkey. and theoretically supreme
i'm Pan-Islam, although its power out
side of Turkey was more or less
mythical.
The Turkish republic was pro-
claimed in October, 1923. ana an at
tempt was Immediately undertaken
to revise the old code to tit the ne"
needs. This was found so intricate a
task that it was at last WhoilS
abandoned. and the Swiss code ap-
nroved nv the Assembly February H.
to 90 into effect Monday, october a.
1926. All connection with the church
is eliminated, and Turkey, for the
first time in history, takes it's place
as a true democracy, eager to become
wholly modernized.
y X
While the allies held their confer
ence at Lausanne in July, 1923 the
United States had no part In thdt coii'
ference, but held a separate confer
ence the following month agreeing
upon the terms of new treaty wltn
the Turkish republic, but tnat trealy
awaits action by the Senate or the
ITnited states and by the Turkish AS
sanoblv before II can go into effect.
turkeys approval Is unquestloned'
s;nca the terms are identical with
terms she has already accepted as 10
thor movers: she awaits acceptance
by our Senate.
The outstanding features OF that
Turco-American agreement proVue
that. while extraterritorlallty rlghts
or "capitulations" are abolished, their
eouiyalent is established, as explained
bv Judge Jasper Brinton, MEMBER
of the Harbord mission 10 armenia
in 1919 and justice Of the Court or
Appeals, Mixed Courts or Egypt:
Judge Brinton states: IN matters
of personal status and family law I'm
cluding all questions concerning mar
riage, matrimonial regimes olVoIce'
judicial separation. dowry, paternity,
filiation, adoption, personal capacity,
ma jority, guardianship, trusteeship
administration and in respect to the
law of testamentary or fntestate sue
cession to movable property and the
distribution and liquidation thereon,
the non-Mussulman nationals shall be
subject exclusively to the Jurisdiction
of the national tribunals or other ma
tional authorities of the United States
or of the competent state, territory
or possession thereof sitting outside
Turkey"
Under extraterritoria1ity an Amer
lean in Turkey could be tried or enter
into litigation only before an Ameri
can consul or court in Turkey; now
the difference is that the court can
not sit in Turkey, but may try the
case anywhere else-in Athens, Rome
Washington or in any Of the States OF
the United States. Not TurkisS laws
but American laws, Apply to Ameri
can property or family relations In
Turkey, or will apply II the Senate
ratifies the American treaty Of Lau.
same.
1t Is the Swiss civil code which
went into effect yesterday; the EofA'