Roma Hukuku'nda hakkaniyet (Aequıtas)
Gürten, Kadir, Equity in Roman Law , PhD. Thesis, Advisor: Assoc. Prof. NadiGünal, 172 p.ABSTRACTThe dissertation is entitled ?Equity in Roman Law.?Aequitas in Latin or ?equity? in English is a concept of justice, which canbe defined as ?justice in particular case?. Aequitas concept of Rome finds itsroots in epieikes or epieikeia of Ancient Greece.In Rome there was an official called ?Praetor?. A Praetor could allowactions (suits) to be filed to claim rights covered under ius civile. The actionsallowed by Praetor were known as ?actio in factum?. ?Actio in bonum etaequum conceptae? and ?actio utilis? were other examples of the ?actio?s(actions) used by Prators to establish equity.Exceptio, was defence mechanism provided by Praetors to defendantsbased on formula procedures.An additional method developed by Praetors to eliminate situations thathinder justice and equity was ?restitutio in integrum?.In some cases, to protect the rights of persons that apply to him, aPrateor could ban the actions of other persons who aimed to hinder thoserights. This was called ?interdictum?.By practicing a procedure called as ?missio in bona? or ?missio inpossessionem?, where required by equity, and under the terms of ius civile,Praetors could allow a person to acquire the possession of some or all ofanother person?s properties.The distinction of ius civile and ius honorarium was based on the sourcethat created the law. Ius Honorarium was enfoced through Edictums.As a result of Preators activities and works of Roman philosophers andlawyers the concept of ?aequitas? took its place in Roman Law.