Fiducia in Roman Law and its effect on Turkish Law

The aim of this study, which is titled of "Fiducia in Roman Law and Its Effect on Turkish Law" is to elucidate general structure and character of fiducia, what has an important place in Roman Law life, and examine its effects on Turkish Law. Although it is accepted as one of the oldest transactions in the area of guarantee, fiducia has always been an arguable transaction. There is never been a consensus about its legal character and provisions. At the point we reached today; the fiduciary contract in Turkish Law often seen as a guarantee transaction, similar to the fiducia in Roman Law. However, it would be inaccurate to say that; "They were only intended to provide guarantee". In this study, with the aim of be able to convey the fiducia correctly, the subject is explained as much as possible with the discussions about the doctrinal views and the various legal arrangements made about the transaction. In addition, while the explaining fiduciary contract in Turkish law we used the adjudicative developments too.