Impacts of internatıonal rules on civil law and legal methodology

Abstract

The Republic of Turkey is partner to a myriad of International treaties. These treaties do not only bind the contracting parties, but they also have an impact on the civil law system of these parties. With regard to the fact that most of these treaties are "living instruments", one must also consider the case law of the courts, which have the competence to interpret these treaties. The aim of this article is to analyze the impact of international rules on civil law and the legal methodology to be applied within this context. With a special emphasis on the principle of legal certainty and the separation of powers, the existing views in the Turkish/Swiss law doctrine are being analyzed and new methods from the perspective of comparative law taken into account.