Pignus and Lex Commissoria Prohibition in the Roman Law

The pledge represents a limited real right which is obtained by debtor or the third party; guarantees a claim; allows creditor to acquire the possession of property in pledge in case of not satisfied by debtor; enables creditor to sell the property and to get the claim upon sale price. The pledge is regarded as a concept which contains the right of pledge and pledge agreement in itself. In this regard, the concepts of pledge agreement and the right of morgage are different from eachother.In today's law, it is seen that these concepts which are evaluated in collateral security, are essentially based on Roman Law. In case pledgee do not collect the pledge - guarenteed claim, not only these concepts but also lex commissoria prohibition is known as a concept which explains the dominance on property in pledge and the boundary of the aouthority, has been originated in Roman Law and established in Turkish Civil Code. For this reason, in this article primarily the difference between the concepts such as the right of morgage and pledge agreement was discussed and then principles concerning the pledge agreement in Roman Law and especially lex commissoria prohibition was explained in connection with today's law