Innominate contracts from Roman law to the present (Contractus innominati)

In Roman law, innominate contracts are important contracts that expanded the scope of the Roman contract system and developed Rome's view of the concept of contractus. It is known that with the expansion of the borders of the Roman State, the inclusion of new geographies within the borders of the state, the introduction of agricultural and commercial activities there, the increase in the number and qualitative diversity of the population, and the needs arising from the changing economic life, the strictness of the understanding of adherence to type and form, which prevailed in the field of contracts in Roman law, was gradually relaxed. Praetorian activities, the opinions of classical jurists and innominate contracts developed through the emperor's decrees were instrumental in expanding the scope of the Roman system of contracts, and thus the understanding of adherence to type and form, which was quite strict. Although the concept of adherence to type and form was never completely overcome in the field of Roman contract law, it was possible to examine the inclusion of innominate contracts in the Roman contract system, which opened the door to the concept of freedom of contract, which was approached step by step since the Middle Ages, which made jurists think of eliminating the distinction between named and innominate contracts, and which gave rise to the idea of giving all contracts a right of action based on good faith. The study of the concepts of causa, sinallagma and conventio/consensus, which were effective in the inclusion of innominate contracts in Roman legal life, in the legal studies carried out from the Late Middle Ages until the Codification Period in Europe, made it possible to establish the understanding of freedom of contract in the Continental European Legal System and finally in our law.