Sargın, Hilal Selin

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https://hdl.handle.net/20.500.11779/2834
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Email Address
sarginh@mef.edu.tr
Main Affiliation
05. Faculty of Law
Status
Current Staff
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ORCID ID
0009-0005-5571-0696
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WoS Researcher ID
LUW-7600-2024
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1700608093-academic-2202014510.avif (15.79 KB)

Sustainable Development Goals

NO POVERTY1
NO POVERTY
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ZERO HUNGER2
ZERO HUNGER
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GOOD HEALTH AND WELL-BEING3
GOOD HEALTH AND WELL-BEING
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QUALITY EDUCATION4
QUALITY EDUCATION
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GENDER EQUALITY5
GENDER EQUALITY
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CLEAN WATER AND SANITATION6
CLEAN WATER AND SANITATION
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AFFORDABLE AND CLEAN ENERGY7
AFFORDABLE AND CLEAN ENERGY
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DECENT WORK AND ECONOMIC GROWTH8
DECENT WORK AND ECONOMIC GROWTH
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INDUSTRY, INNOVATION AND INFRASTRUCTURE9
INDUSTRY, INNOVATION AND INFRASTRUCTURE
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REDUCED INEQUALITIES10
REDUCED INEQUALITIES
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SUSTAINABLE CITIES AND COMMUNITIES11
SUSTAINABLE CITIES AND COMMUNITIES
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RESPONSIBLE CONSUMPTION AND PRODUCTION12
RESPONSIBLE CONSUMPTION AND PRODUCTION
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CLIMATE ACTION13
CLIMATE ACTION
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LIFE BELOW WATER14
LIFE BELOW WATER
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LIFE ON LAND15
LIFE ON LAND
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PEACE, JUSTICE AND STRONG INSTITUTIONS16
PEACE, JUSTICE AND STRONG INSTITUTIONS
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PARTNERSHIPS FOR THE GOALS17
PARTNERSHIPS FOR THE GOALS
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    Conference Object
    Prohibition of Lex Commissoria and Its Impact on Turkish Law
    (SIHDA 2023 | University of Helsinki, 2023) Sargın , Hilal Selin
    Lex commissoria agreement is described as condition attached to the contract in Roman law. It results in the creditor becoming the owner of the pledged property in case the debt is not paid at maturity, with regard to its application in pledge agreements. The lex commissoria agreements, the first applications of which are accepted to have emerged with fiducia, were prohibited by Emperor Constantine in 326 AD with a decree. Prohibiton of lex commissoria was included in the Codex Theodosianus and repeated by Emperor Iustinian. The reason for prohibition of lex commissoria was the economic crisis prevailing and the need for protection against the deceits of usurers. In Turkish law, the ratio legis of this prohibition focuses on protection of the debtor against lesion. Since prohibition of lex commissoria was mostly applied in the provincial lands and many practices narrowed the scope of this prohibition were accepted, the application area of this prohibition in Roman law is very limited, contrary to Turkish law. Despite the change in economic conditions later on, abolishing prohibition of lex commissoria was not considered necessary and discussed. Prohibition of lex commissoria took its place in Swiss law after the cantons have started to be under the influence of Roman law, and in current Turkish law, due to the adaptation movements at the foundation of the Republic of Turkey. In the Turkish Civil Code, prohibition of lex commissoria is included in Art. 949 for movables and Art. 873/2 for immovables. This study will focus on the emergence and application of prohibition of lex commissoria in Roman law, its effects on Turkish law and its application in Turkish law.