Türk ve Roma Hukukunda vedia sözleşmesi
Özet
SUMMARYRoman Law, having gone outside its natural borders, has effected various legal systems, serving a basic function modernized legalizations. One of the major fields in which Roman Law has had an effect on is in the field of Law of Obligations. Our Law of Obligations rests for example, on Roman Law basic principles of the present laws of indebtedness, obligations, contracting, institutions and regulatory structure. The Vedia Contract, a point of our study, has found a widespread area of practice in the daily life of Rome, thus finding its place within Roman Law of Obligations.Within the laws of Turkey on the contrary, Vedia Contract has been considered to be an improved contract in the olden days. The Third Publication of the Civil Code, a basic code of law and a compilation of Cannon Law books, has been compiled in great detail within Kitabul Emanat (Books of Safekeeping) under Section 762 and pursuing sub articles (Articles 762-803).Vedia Contract, has been compliled between Turkish Law of Obligations, 19th paragraph, under Vedia heading , Articles 463-470 . Under the same heading again, encompassing the basic principles of Vedia Contract but somewhat of a different nature, are the contracts such as; the Sequestration, Undue Resignation, Contract of Storage, Hotelkeeper Resignations.The goal of this theses is to serve an informative function from the point of view of Vedia and Vedia like Contracts within Roman Law with comparison to the Vedia and Vedia like Contacts within the Turkish Laws, to further bring forth the similarities and differences of these legal systems based on the same types of contracts.The theses is made up of a presentation, four sections and a finalization. In the presentation section, is the introduction of the subject matter, scope and the order of handling of the matter. Section One entitled Contract and Contractual Agreement Systems within the Turkish and Roman Law; where the term ?contract? has been defined from the perspectives of both legal systems, descriptions of the status quo of contactual systems have been considered.Section Two is entitled General Look at the Vedia Contract within Turkish and Roman Law; the definition of Vedia Contact within the Turkish and Roman Law, their characteristics and historical developments are outlined and similarities and differences between these two legal systems have been depicted.The Third Section entitled The Provisions and Finalization of the Vedia Contract on the other hand, the rights and obligations of vedia receiving individual, vedia issuer rights and obligations have been compared within the two legal systems, concentration is made on the the conditions under which the vedia contract may be ceased.Four and Final Section entitled, Contracts Similar to Vedia; Sequestration, Undue Resignation, Contract of Resignations to Hotel, Stable and Garage runners, Contacts of Storagew, Mandatory Vedia Contacts are questioned from various aspects. At the Final Section, is a short summary of the entire scope of the theses(hypotheses).