free law journal - volume 3, number 1 (18 january 2007)

FREE LAW JOURNAL - VOLUME 3, NUMBER 1 (18 JANUARY 2007)adrogatio consisted of an investigation conducted by the pontiffson the basis of admissibility to test whether the case before themfulfilled all the legal conditions or not. This was followed by thecomitia curiata, convoked and directed by the Pontifex Maximus,to examine the case 8 . As the approval of the adrogator(adrogans), the adrogatus and especially the members of thecomitia curiata were required, adrogatio could be regarded as alegislative act. Once the approval was maintained by them, theadrogated person became a filius familias of the adrogating one.After the comitia curiata replaced by thirty lictors asrepresentatives of the citizens, the proceeding regarding theadrogatio remained unchanged. However Diocletianus declaredthat the rescript of the emperor would be enough instead of thevote of the comitia and that new form of adrogatio was followedby Justinian as well 9 .Adoptio was the adoption of homo alieni iuris and consisted ofthe ending of the original family and forming of a relation withthe new family 10 . With this act the father sold his son three timesand transferred him by mancipatio fiduciae causa to the personwho wanted to adopt the son. After the termination of the patriapotestas by the third mancipatio, in order to accomplish the actof adoption, a following in iure cessio was necessary for the childJ.S.: An Outline of Roman Law, Glasgow 1947, p. 69; Watson, A.:Roman Law and Comparative Law, Georgia 1991, p. 34; Lindsay, H.:Adoption in Greek Law: Some Comparisons with the Roman World,Newcastle Law Review, 3, 1998- 1999, p. 97.8 Talamanca, p. 125; Buckland, p. 124; Leage, p. 86; Nicholas, B.: AnIntroduction to Roman Law, Oxford 1962, p. 77; Kaser, M. (Translatedby Dannenbring, R.): Roman Private Law, Durban 1965, p. 261;Watson, p. 34.9 Talamanca, p. 126; Di Marzo, S. (Translated by Umur, Z.): RomaHukuku (Roman Law), İstanbul 1954, p. 139; Buckland, p. 124-125;Kaser, p. 261; Leage, pp. 86-87.; Umur, Z.: Roma Hukuku (RomanLaw), İstanbul 1982, p. 392.10 Leage, p. 83; Nicholas, p. 77; Talamanca, p. 127.85DR. ERKAN KÜÇÜKGÜNGÖR - LEGAL REQUIREMENTS FORADOPTION UNDER TURKISH LAW