DoctorateOpen Access

Judge and his liability in Roman Law

2010
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Advisor: Prof. Dr. A. Nadi Günal

Abstract (EN)

In Roman Law, the term of right takes place in the centre of law. However, actions at law which are the main protection method of rights were taken into consideration more than the essence and nature of rights. This caused to be in practice of justice and equity effectively more than the existence of justice and equity in theory.In a justice - based law system, if the rules which are constituted by law makers should not be applied as required and if the breach of laws is not to be supervised, justice of law is inquired. Romans, accepting that supervising of rules of laws could be done by rules related to judging and judicial bodies, charged and authorized judge and judges, most commonly used word in modern societies for those. It is accepted that judge carries a proud title. In Roman Law, it is seen that there were many different regulations concerning with main subjects as features, selection and functions of judge, in different judging systems. Another regulation is acceptance of the liability of judge which is accepted by modern societies as well, though it is based different reasons in Roman LawIn Roman Procedural Law, judging systems underwent some serious changes in some periods. An analysis of the term of judge, his functions in hearing and determining of this functions and lastly how changed the liability of judge within these periods will show us the meaning of judge and the origin of judge?s duties and liabilities at the present day.

Author

Dr. Ahmet Karakocalı

How to Cite

Ahmet Karakocalı (Doctorate thesis). Judge and his liability in Roman Law, 2010, Anadolu University.

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