Arif Sugitanata, Suud Sarim Karimullah, Wifa Lutfiani Tsani
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摘要

本文讨论了土耳其继承法更新的宗谱及其产物。本文的研究重点是从宗谱上分析了继承法在土耳其是如何产生的,以及土耳其继承法改革的成果。在本研究中,研究人员采用文献研究,其数据来源来自相关书籍和期刊。本研究的结论是,土耳其的继承法更新的谱系大体开始于土耳其国家的建立,并由Mustofa Kemal作为第一任领导人领导,安卡拉为首都。这对土耳其国家产生了影响,土耳其国家在西方的影响下进行了许多重大改革,例如禁止一夫多妻制,给予妇女自由,维护妇女平等,包括在继承方面,男女可以一对一。随后,土耳其国家强加的继承法产品被纳入土耳其民法典。该修正案于2001年11月27日由土耳其国民议会批准,并于2001年12月8日通过《土耳其日报》公布。修正案载有1030条,其中一条涉及土耳其的继承法,在土耳其继承法中,继承权分配是强制执行的。《土耳其继承法》规定只适用于能够接受继承权的核心家庭。与此同时,核心家庭以外的亲属不能成为继承人,除非核心亲属也照顾继承人,这样他们就能分享遗产。在继承法中,男女的权利、地位和程度没有差别,因为他们被认为是一样的,所以在获得一份遗产方面也没有差别。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
GENEALOGI DAN PRODUK PEMBAHARUAN HUKUM WARIS TURKI
This article discusses genealogy and products of inheritance law renewal in Turkiye. The focus of this research is genealogically how inheritance law was born in Turkiye and what are the products of inheritance law reform in Turkiye. In this study, researchers used literature studies whose data sources came from related books and journals. This study concludes that the geneology of inheritance law renewal in Turkiye broadly began when the Turkiye state was founded and led by Mustofa Kemal as the first leader, where Ankara was the capital. This had an impact on the Turkiye country which carried out many major reforms influenced by the West, such as the prohibition of polygamy, giving freedom to women and upholding equality for them, including in the field of inheritance, where men and women get one to one. Then the inheritance law products imposed by the Turkiye state were included in the Turkish Civil Code. The amendment was approved by the Turkiye National Assembly on November 27, 2001 and socialized through the Turkiye Daily Newspaper on December 8, 2001. The amendment contains 1030 articles, one of which relates to inheritance law in Turkiye, where inheritance distribution is enforced in the Turkiye inheritance law regulations only applies to nuclear families who can receive inheritance. Meanwhile, relatives outside the nuclear family cannot become heirs unless the nuclear relatives also take care of the heirs, so that they receive a share of the inheritance. Then in inheritance law there is no difference between the rights, position and degrees of men and women because both are considered the same, so there is no difference in obtaining a share of the inheritance.
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