The subject of this course is the concepts, rules, principles and institutions in the law of obligations and law of property which are included in today's Turkish codifications and come from Roman law.
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.
The area in which Roman law makes its presence felt as a whole is the law of obligations and the law of property. Today's Turkish codifications are under the influence of Roman law in terms of systematics, concepts, principles, institutions and rules. This course will be a guide for the student in the context of the correct understanding of the concepts, institutions and principles coming from Roman law and taking their place in our codifications, and will help the student to get a solid formation.
1. He/She analyzes debt, debt relations, the elements of a debt relation, the right to claim, performance, types and characteristics of performance, the distinction between specific and generic obligations, as well as the differentiation between imperfect and perfect obligations, along with their historical and dogmatic foundations.
2. He/She distinguishes between liability based on personal assets and liability based on patrimonial assets, fault-based liability and strict liability, as well as contractual liability and tort liability. He/Sheis aware of the developmental stages of these types of liability from Roman law to modern legal systems.
3. Knows the concepts of custodia (supervision), dolus (intent), culpa (negligence), diligentia (diligence) and utilitas (utility), which appear as contractual liability criteria in Roman law sources. He/She can identify the articles in which these concepts are regulated under Turkish law.
4. He/She has a comprehensive understanding of the concept of damage (damnum) derived from Roman law and its types as incorporated into Turkish law, including material and moral damage, actual damage and loss of profit, emotional damage, loss of chance, and reflective damage Recognizes the distinction between tort damages and contract damages.
5. He/She is aware that the Roman law concept of contractus constitutes the historical foundation of the modern concept of contracts; however, in Roman law, contracts were subject to the principle of limited number and typology. Gains knowledge of written, oral and real contracts from Roman contract types.
6. Analyzes why there is a need for consensual contracts established by mutual and appropriate declarations of will of the parties, what are the principles that dominate them and how these contracts affect today's law of obligations.
7. He/She has a comprehensive understanding of the definition, characteristics, types, rights and obligations of the parties, and termination of consensual contracts.
8. He/She recognizes the special crimes called delicta in Roman law, which constitute the historical basis of the tort of today's law, and reveals how the concept of tort was reached based on them.
9. He/She has a thorough understanding of the distinction between real rights and personal rights, the principles governing real rights, the types of real rights, as well as the concept and classification of property, to the extent that he/she can conduct a comparative study between Roman law and modern law.
10. Recognizes the similarities and differences between possession and ownership. Distinguish the difference between the understanding of possession of today's law and the understanding of possession of Roman law. Has a thorough understanding of the elements, legal nature, function, types, acquisition, protection and loss of possession.
11. Answers the questions of what Roman law understands by the right of property, what powers it grants to the owner, what limitations it is subject to, how it is acquired and how it is protected. Aware that the main conclusions of Roman law on property are included in the codifications of the Continental European Legal System.
12. Compares the institutions of prescription of acquisition in Roman and Turkish law.