Sutken E.

10th International Conference on Education and New Learning Technologies (EDULEARN), Palma, Spain, 2 - 04 July 2018, pp.10871 identifier

  • Publication Type: Conference Paper / Full Text
  • City: Palma
  • Country: Spain
  • Page Numbers: pp.10871
  • Keywords: Law, Roman Law-Contemporary Law, Comparing different law systems, Teaching law, Basis of law, Fundamental concepts of law, Transferring principles of law
  • Anadolu University Affiliated: Yes


As a general term, from ancient times to present, law which has material sanctions can be defined as an union of rules that regulates the relationships of persons with each other in a society. Roman law, which is the most influencial law of ancient times, has great importance also today in law education for the perfection of law formation. Roman law was accepted to be executed in Rome and also in the conquered land that had been under the sway of Romans between B.C. 753 (establishment of the city Rome) and A.D. 565 (Death of Iustinianus, the East Roman Emperor). Romans are knowns as the perfect law makers of all times. Roman law was described as a judge made law rather than being composed of numerous legal rules. Law authorities even today declare that, the most influencial part of Roman law is Roman private law, which forms the basis of Civil Law in present time. In our time, many jurists transfer the skills of Roman jurists for solving legal disputes, as Roman law principles are also effectual today which makes it a well-accepted discipline for ages in law education. Therefore Roman law teaching is regarded necessary for law education in many law faculties in Turkey and in Europe. Law makers of present time, still intellectualize and try to solve many legal cases according to Roman way of thinking. That's the other reason of teaching Roman law in first classes of law faculties for many years. Another important reason of Roman law's being a part of curriculum is that; most of the law authorities, because of its convenience designate Roman law as the common law that can be implemented by various coordinated European institutions. While teaching Roman law, it is emphasized that, especially the contracts that belong to Roman law of obligations had been the basis of many contracts in contemporary law of obligations. Some of the contracts which are based on the same system and for this reason both studied in Roman law and also in contemporary law are; contract of loan for money (mutuum), contract of loan for use (commodatum), custodian contract (depositum), contract of pledge (pignus), verbal contract (stipulatio), contract of sale (emptio venditio), locatio conductio, contract of partnership (societas), contract of agency (mandatum). Some other fundamental subjects of Roman law study are; relating the term of obligation in Roman law with the term of obligation in contemporary law, comparing the subject and the parties of obligation in Roman law with contemporary law, comparing the liability of a debtor during different periods in both law systems, a substantial search of the system and resources of law of obligations both in Roman law and contemporary law.