Fault in Roman contractual laws

The thesis intends to examine the concept of fault (culpa) and its influences in Roman contract law. The first chapter explains fault in contractual liability. It also examines the strict liability which played a substantial role in the legal historical process of the Roman Empire. The chapter also addresses the custodia liability, which is considered a type of strict liability, and methodologically examines the fault liability and its types which includes the concept of diligentia, dolus, omnis culpa, and utilitas. The main purpose of this chapter is to explain the culpa in Roman legal system and then the provisions that accordingly vary through applying to the text analysing method. The second chapter, which focuses on examining culpa within the scope of Roman contract law, engages with the different types of contracts through an analytical method. In this chapter that evaluates the contracts within the framework of the oral, written, real, consensual, anonymous contracts, and pactums, each type of contracts is comprehensively examined to identify the influence of the fault element on these contracts. The last chapter is sought to explain the concepts of fault and liability in Turkish law through a descriptive method. Within the scope of Turkish Code of Obligations, the concepts of fault, intent and negligence are thoroughly examined as the constituent element of liability. The main purpose of the last chapter is to refer to the substantial importance of the fault in contractual liability.