HUK113

School of Law \ Law

2

3

Compulsory

Turkish

Yok

Bachelor of Law Program

The subject of this course is the political, social and economic events that shaped Roman law, law-making authorities in the Roman State, the reasoning methods used by Roman jurists when solving a legal problem, the legal principles they use, interpretive activities when balancing legal interests, capacity to have rights and its conditions in Roman Law, the concept of legal transaction, the capacity and conditions of legal transaction and the invalidity of legal transactions.

1. Söğütlü, Ö.: Textbook of Roman Private Law, expanded 3rd edition, Ankara 2022.
2. Koçhisarlıoğlu, C./Söğütlü Ö.: Practical Book of Roman Private Law, revised and amended 5th edition, Ankara 2022.
3. Karadeniz, Ö.: “Roman Law in terms of Law Education”, Journal of Ankara University Faculty of Law (1969), V. XXVI, I. 1-2, p. 323-347.
4. Keskin, O. B.: “An Introductory Study on the Foundations of the Modern Legal System: The Discovery and Impact of the Corpus Iuris Civilis in the Late Middle Ages”, Journal of Istanbul University Law Faculty (2014), V. 72, I. 1, p. 599-626.
5. Küçük, E.: "The Renaissance of the XIIth Century and the Last Ring which the
“Reborn” Rome connects to the Present: The Pandect Law ”, Journal of Ankara University Faculty of Law (2007), V. 56, I. 4, p. 111-122.
6. Pichonnaz, P. (Trans. Ceren Soydan): “Harmonization of Continental European Private Law: What Can Roman Law Teach Us; What Cannot?”, Marmara University Faculty of Law Journal of Legal Studies, A Tribute to Prof. Dr. Bülent TAHİROĞLU (2017), V. 23, I. 3, p. 343-364.

Roman law, which is the common basis of European private law, is the historical origin of Turkish private law, which is included in the Continental European Private Law System. Our current law is based on the principles laid down and established by Roman law. Turkish private law is under the influence of Roman law at the level of systematics, systematics of laws, legal concepts, legal rules, legal principles and legal institutions. The first aim of the course is to provide the students with an introduction to the law in force. The second objective of the course is to familiarize the student with the legal principles used by Roman jurists in solving legal problems, their interpretation activities in balancing legal interests and the legal depth in analyzing events. Upon successful completion of the course, the student will have knowledge about the rules of private law in force, legal concepts, institutions and universal principles of law and will acquire the ability to think analytically.

1. Answers the question why Roman law is included in the curriculum as a compulsory course in the 21st century. He/She recognizes the sources of Roman law.
2. Recognizes and distinguishes the political periods of the Roman state and the law-making bodies in these periods. He/She can evaluate the socio-political environment and economic structure that served the formation and development of law.
3. He/She has a comprehensive understanding of the first codification of Roman law, Twelve Tables, and the second major codification, the Corpus Iuris Civilis, which presents a highly developed legal system, rights and obligations and makes extraordinary contributions to today's codifications.
4. Students are aware of the fact that the effects of the changes in the social, political and economic structure on private law take place in a longer period of time. He/She recognizes and distinguishes the distinction between the legal periods of Roman law, the law-making bodies of these periods and the characteristics of the law created by these bodies.
5. Has a thorough understanding of the works, thinking methods and concrete case solutions of Roman jurists who made Roman private law perfect and kept it alive today. He/She recognizes the values and universal principles of the law created by these jurists in the field of private law.
6. To have knowledge about the analytical structure, systematics and language of the codifications of today's private law from Roman law.
7. Have knowledge about the place of the praetor's office, which is among the most important law-making actors of Roman private law and has the authority to speak the right, in the judicial system and the ways of legal protection. He/She is aware that the power of adjudication, along with judicial independence and impartiality, fosters trust in society and that entrusting the task of delivering justice to skilled hands contributes to the development of law.
8. Recognizes the concepts of person, real person, legal person and capacity of right. Analyzes how these concepts have developed in the historical process.
9. Recognizes the concept, elements and types of legal transactions in both Roman law and contemporary law through the specific legal transactions that Roman jurists found based on individual concrete cases and determined their conditions.
10. Compares the conditions of legal capacity in Roman law with the conditions of legal capacity in contemporary law.
11. He/She is knowledgeable about the fact that grounds for the invalidity of legal acts originate from Roman law and are theoretically grounded in Pandekt law. In this context, he/she conducts international comparative analyses of codifications.
12. He/she has a thorough understanding of the historical development of concepts associated with lack of will or defects in will, such as declaratory statements, mental reservation, collusion, mistake, fraud and threat.