Roma Huku'nda kefalet akdi

Abstract

This thesis, "Suretyship contracts in Roman Law", consists of two parts excluding introduction and conclusion. In the Roman Law, the suretyship contracts were made by stipulatio which is accepted in the group of parol agreements. Therefore, in the first part, stipulatio was examined in terms of its concept, formation validity, parties, subject and provisions. Furthermore both the causal stipulatio's and non causal stipulations are discussed with the historical concept of Roman Law. In the second part, "Suretyship Contracts in Roman Law" was examined. There were three main concepts in Roman Law that defined the suretyship contract which were sponsio, fidepromissio, fideiussio.The historical duration of the suretyship was also examined in the second part. Moreover the conditions of validity and the provisions of suretyship contracts are underlined. Also, the special forms of the suretyship contracts such as fideiussio indemnitatis and fideiussio fideiussoris are analysed. Moreover the issue of capacity of women in suretyship ise examined under o separate heading. Finally in this part the reasons that conclude the suretyship contract were analysed. 152During the research period we refered to the many sources of Roman Law such as the Institutiones of Gaius, Institutiones of lustinianus and part of Digesta of Corpus luris Civilis texts whiche are the most refered Roman Law sources in Romen Law Literature. Consequently, we tried to find out the effects of the suretyship Institution from Roman Law on the Turkish Obligation Law. 153