FORM IN THE ROMAN AND THE TURKISH LAW

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Learning Outcomes

1. General Aim: To evaluate formal procedures which have been considered as vital in terms of juridical transactions since the epoch where the Roman law the basis of our contemporary law system was preeminent and ruling, to emphasize that formal procedures employed in juridical transactions refer to external forms such as verbal or written indications and remarks applied for declarations of intent, to evaluate the “form” issue within juridical context as well as the alternation thereof and of the juridical system, to identify that Roman law is reputed as considerably formalist notably when the ius civile related transactions are taken into consideration, to identify that ius gentium included legal principles which were more flexible and adaptable in accordance with varying social backgrounds, to summarize that ius civile and ius gentium are stated to differently affect the formal characteristics of juridical transactions, to tell the formal characteristics of Roman procedural law, to distinguish the principal Roman law transactions needed to be carried out in conformity with specific formal procedures which were performed within the context of substantive law.
2. At the end of this course the student; will be able to explain the term “form”
2.1. Lists the types, the advantages and disadvantages of form.
2.2. Questions the “form” issue within juridical context as well as the alternation thereof and of the juridical system.
2.3. Evaluates contemporary law system within the form related issues.
3. Will be able to compare the effects of ius civile and ius gentium on formal characteristics of juridical transactions.
3.1. Identifies the effect of ius civile.
3.2. Identifies the effect of ius gentium.
3.3. Distinguishes that ius civile included formalist legal principles while ius gentium included flexible legal principles.
4. Will be able to evaluate the formal characteristics of Roman procedural law.
4.1. Tells about Ordo Iudiciorum Privatorum.
4.2. Explains Legis Actiones System and Formula System related to Ordo Iudiciorum Privatorum.
4.3. Tells about Cognitio Extra Ordinem.
5. Will be able to distinguish the principal Roman law transactions needed to be carried out in conformity with specific formal procedures.
5.1. Evaluates "mancipatio" and "in iure cessio", which were transactions related to transfer of possession in the Roman law of property.
5.2. Evaluates verbal contract called stipulatio which is a formal transaction of primary importance of the Roman law of obligations.
5.3. Relates the Roman family law related certain fundamental institutions such as relationship, family (familia), paternal power (patria potestas), marriage (matrimonium), engagement (sponsalia) and dowry (dos) with the transactions needed to be carried out in conformity with specific formal procedures.
5.4. Evaluates the forms of wills (testamentum), the content of wills and the acceptance of inheritance regarding the Roman law of succession.