Roma Hukuku’nda Inıurıa ve Türk Hukuku’nda Kişilik Haklarının Korunması

Abstract

While the legal order determines the rights and obligations of people with each other, it also protects the rights and freedoms they have. People have the right to demand the protection of their rights and freedoms, as well as these rules that protect the rights by law. Rights and values belonging to individuals are rights that constitute individual rights and are protected in various ways. Individual rights have evolved throughout history. In this study, the development of individual rights from Roman Law to the present day has been examined, and also the historical development of the crime of insulting the memory of the deceased and its reflection on today's criminal law is evaluated. iniuria is a type of delictum (tort) recognized by the ius civile, which includes violation of the corporeal and spiritual entity of individuals in Roman Law. iniuria has undergone many changes over time, and its scope has become quite wide by including the moral rights of individuals. iniuria has a very important position in both Roman Law and modern law. In the first part of the study, the concepts of person and legal capacity in Roman Law was explained, and then the place and historical development process of iniuria in Roman Law was examined. The ways of protecting individual rights in Roman Law have been classified and iniuria committed against the deceased has been evaluated. In the second part, iniuria is examined in terms of Turkish Law, the ways of protecting individual rights within the scope of Civil Law and Criminal Law are explained and the "iniuria committed against the deceased", whose foundation was laid in Roman Law and which is the origin of "the crime of insulting the memory of the deceased", which is enacted within the scope of today, is evaluated.