Abstract:

As in our modern law, in the Roman law, the contracts (contractus) formed an important part of the debt-generating resources. However, there were certain types of agreements in the Roman law that were considered contracts in terms of ius civile. To accept that these typical agreements, which are aimed at a certain legal conclusion and with a limited number, generate debt, the parties would not be sufficient to make an agreement in accordance with each other. The property should be given to the opposite party or the consent should be declared in accordance with a certain form. Thus, one of the contracts accepted by ius civile would have occurred and it would have been assumed that a debt covered by the case would have occurred. Other agreements other than the Contractus were known as Pactum. In the Roman law, it was only possible to accept that treaties were established with consent but it began to be accepted in the past centuries, and in the disputes arising from these treaties, the right to trial was recognised by the parties, praetors or emperors. Thus, only consensus agreements began to be established without form-related, and the numbers increased. As a result of the developments, the pactums did not differ from the contracts. Commodatum is a type of contract that is quite commonly used in the Roman life, where friendship often requires mutual services between friends and neighbors. Nevertheless, in the early periods, it did not appear as a contractus accepted by ius civile. According to the development we mentioned, it was born as a pact between the parties. The proceedings for the return of the thing subject to the contract were made for the first time thanks to the praetor's support.

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