Master'sOpen Access

Stipulatio in Roman Law

2014
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Advisor: Yrd. Doç. Dr. Ahmet Karakocalı

Abstract (EN)

Stipulatio is one of the most useful and essential contracts in Roman Law. Stipulatio can be used in many different subjects which indicates stipulatio's significance in Roman Law. Since stipulatio is applied extensively, the practial consequences of stipulatio extended almost in all Roman law. Even there is a wide information about stipulatio in some sources like Institutiones, it can be possible to understand nature of stipulatio better with comprehensive studies in which practical consequences are collected. As contemporary academic studies about the subject analyzes stipulatio's contractual specialities and usage area at the level of general information, there is a big loophole in the Roman Law. Since our thesis elaborates on stipulatio's overall application area, our thesis constitutes a big contribution for all Roman Law areas, especially for the researches on contracts which engenders obligation and the researches on the form of the Roman Law. In our thesis as an analysis method ,we determine stipulatio's position in system of contracts of Roman Law. In this way stipulatio's general nature and properties has been stated, after that stipulatio's contractual properties, types of stipulatio, usage areas of stipulatio has been analyzed comprehensively with consideration of different periods of Roman Law. We collected different kinds of stipulatio from their different legal usage areas under the title of stipulatio types and applicaton areas of stipulatio. That collection embodies stipulatio's legal life area by systematic with its subject and wide scope of analysis area. Keywords: Roman Law, contract, stipulatio, form, causality, suretyship.

Author

Fırat Korkmaz

How to Cite

Fırat Korkmaz (Master Thesis). Stipulatio in Roman Law, 2014, Anadolu University.

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