Principle of Integrity of Private Law and the Application of the 5th Article of the Civil Code in the Family Law

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ISTANBUL HUKUK MECMUASI, vol.77, no.2, pp.669-696, 2019 (ESCI) identifier

  • Publication Type: Article / Article
  • Volume: 77 Issue: 2
  • Publication Date: 2019
  • Doi Number: 10.26650/mecmua.2019.77.2.0007
  • Journal Indexes: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
  • Page Numbers: pp.669-696
  • Hacettepe University Affiliated: Yes


5th article of the civil code specifies the following: "All general clauses under the Civil Code and Code of Obligations are applicable on all private law relationships to the degree they are appropriate". With this regulation, the aim of the legislator, the systematic of the clause through its execution, and how the article shall be interpreted should also be determined. 5th article of the Civil Code usually eliminates the gaps concerning private law and general legislative regulations and has an extensive scope of execution. Embodiment of this extensive scope of execution within the framework of "General clauses of Civil Law and Code of Obligations" and "private law relationships" is limited to family law in our study. Thus, it is aimed to specifically exemplify the role of the article in its execution.