School/Faculty/Institute Faculty of Law
Course Code HUK 304
Course Title in English Law of Obligations: Special Provisions II
Course Title in Turkish Borçlar Hukuku: Özel Hükümler II
Language of Instruction TR
Type of Course Lecture
Level of Course Intermediate
Semester Spring
Contact Hours per Week
Lecture: 3 Recitation: Lab: Other:
Estimated Student Workload 78 hours per semester
Number of Credits 3 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge Students' knowledge of the basic concepts of civil law, the law of persons and, in particular, the general law of obligations should be at a sufficient level to enable them to follow this course.
Co-requisites None
Registration Restrictions Only Undergraduate Students
Overall Educational Objective Students will learn the system, rules and contract regime of the law of obligations with respect to special types of contracts and will evaluate the relationship between the general rules and the rules applied to special types of contracts.
Course Description The aim of this course is to provide students with an understanding of different types of contracts, such as contracts for services, agency (mandate) contracts, surety contracts, guarantee contracts. In this context, the rules governing the formation, interpretation, performance and non-performance, etc. of each type of contract will be explained in accordance with the general principles of contract law.
Course Description in Turkish Ders kapsamında başlıca eser, vekalet, kefalet ve garanti sözleşmeleri olmak üzere çeşitli sözleşme tipleri hakkında bilgi aktarılması amaçlanmaktadır. Bu çerçevede özellikle sözleşmenin kuruluşu, yorumu, ifası ve ifa edilmemesine bağlanan sonuçlar hakkında olmak üzere genel hükümlerle bağlantı kurularak açıklamalarda bulunulacaktır.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Knows and discusses the differences between service contracts.
2) Evaluates the work contract and its provisions.
3) Knows the agency (mandate) contract and its provisions.
4) Perceives the institution of agency without authority.
5) Knows and evaluates the suretyship contract and its provisions.
6) Examines the guarantee contract and its provisions, taking into account the differences with the contract of suretyship.
Program Learning Outcomes/Course Learning Outcomes 1 2 3 4 5 6
1) Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology.
2) Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation.
3) Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes.
4) Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts.
5) Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline.
6) Internalization and dissemination of professional ethical standards.
7) Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences.
8) Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level).
9) Recognition, understanding, and respect for the complexity of sociocultural and international diversity.
10) Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement.
11) Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses.
12) Ability to acquire knowledge independently, and to plan one’s own learning.
13) Demonstration of advanced competence in the clarity and composition of written work and presentations.

Relation to Program Outcomes and Competences

N None S Supportive H Highly Related
     
Program Outcomes and Competences Level Assessed by
1) Thorough knowledge of the major concepts, theoretical perspectives, empirical findings, and historical trends in psychology. N
2) Understanding of and ability to apply essential research methods in psychology, including research design, data analysis, and data interpretation. N
3) Competence to use critical and creative thinking, skeptical inquiry and a scientific approach to solving problems related to behavior and mental processes. H Exam,HW,Participation
4) Understanding and ability to apply psychological principles, skills and values in personal, social, and organizational contexts. N
5) Ability to weigh evidence, to tolerate ambiguity, and to reflect other values that underpin psychology as a discipline. N
6) Internalization and dissemination of professional ethical standards. N
7) Demonstration of competence in information technologies, and the ability to use computer and other technologies for purposes related to the pursuit of knowledge in psychology and the broader social sciences. N
8) Skills to communicate the knowledge of psychological science effectively, in a variety of formats, in both Turkish and in English (in English, at least CEFR B2 level). N
9) Recognition, understanding, and respect for the complexity of sociocultural and international diversity. S Participation
10) Recognition for the need for, and the skills to pursue, lifelong learning, inquiry, and self-improvement. S HW,Participation
11) Ability to formulate critical hypotheses based on psychological theory and literature, and design studies to test those hypotheses. N
12) Ability to acquire knowledge independently, and to plan one’s own learning. S Exam,HW
13) Demonstration of advanced competence in the clarity and composition of written work and presentations. H Exam,HW
Prepared by and Date KADİR BERK KAPANCI , January 2024
Course Coordinator KADİR BERK KAPANCI
Semester Spring
Name of Instructor Prof. Dr. KADİR BERK KAPANCI

Course Contents

Week Subject
1) Introduction to Service Contracts - Contract of Work - Contract of Agency - Contract of Employment - Introduction, Distinguishing Contracts from Each Other
2) Contract of Work: Introduction, Definition, Elements
3) Work Contract: Contractor's Rights and Obligations
4) Work Contract: Rights and Obligations of the Client
5) Work Contract: Termination
6) Agency Contract: Introduction, Definition, Elements
7) Agency Contract: Obligations of the Agent
8) Agency Contract: Obligations of the Principal
9) Agency Contract: Termination
10) Acting Without Agency
11) Personal Guarantee Contracts: Suretyship Contract - Introduction, Definition, Elements and Distinction from Similar Contracts
12) Personal Guarantee Contracts: Suretyship Contract: Validity Conditions, Types
13) Personal Guarantee Contracts: Consequences and Termination of Suretyship
13) Personal Guarantee Contracts: Consequences and Termination of Suretyship
14) Personal Guarantee Contracts: Guarantee Contract
Required/Recommended ReadingsAral, Fahrettin / Ayrancı, Hasan, Borçlar Hukuku Özel Hükümler,Ankara (son baskı). Aydoğdu, Murat / Kahveci, Nalan, Türk Borçlar Hukuku Özel Borç İlişkileri, İzmir (son baskı). Burcuoğlu, Halûk, Uygulama ve Öğretiden Örneklerle Özel Hukukta I Quo Vadis (Nereye) II Nihayet, Vedat Kitapçılık, İstanbul (son baskı). Engin, Baki İlkay / Nomer, Haluk N., Türk Borçlar Kanunu Şerhi Özel Borç İlişkileri C. 1 Satış Sözleşmesi, Seçkin(son baskı). Eren, Fikret, Borçlar Hukuku Özel Hükümler, Ankara(son baskı). Gümüş, Alper, Borçlar Hukuku Özel Hükümler – Ders Kitabı, İstanbul(son baskı). Gümüş, Alper, Borçlar Hukuku Özel Hükümler, C. I-II, İstanbul(son baskı). Kılıçoğlu, Ahmet, Borçlar Hukuku Özel Hükümler, Ankara(son baskı). Serozan, Rona/ Sanlı, Kerem Cem/ Baysal, Başak, Borçlar Hukuku Özel Bölüm, İstanbul(son baskı). Serozan, Rona, Borçlar Hukuku Özel Bölüm, İstanbul(son baskı). Tandoğan, Halûk, Borçlar Hukuku Özel Borç İlişkileri, C.I-II(son baskı). Yavuz, Cevdet/ Acar, Faruk/ Özen, Burak Borçlar Hukuku Dersleri, İstanbul(son baskı). Zevkliler, Aydın / Gökyayla, Emre, Borçlar Hukuku Özel Hükümler, Ankara(son baskı). Aydoğdu, Murat / Kahveci, Nalan/ Koç, Nevzat, Borçlar Özel Hukuku Pratik Çalışmaları ve Sınav Soruları, İzmir (son baskı). Bilgin Yüce, Melek, Borçlar Hukuku Özel Hükümler Pratik Çalışmaları (son baskı). Gökyayla, Emre / Kahraman, Zafer / Tek, Gülen Sinem, Borçlar Hukuku Özel Hükümler Pratik Çalışma Kitabı, İstanbul (son baskı). Kapancı, Kadir Berk, Borçlar Hukuku Özel Hükümler Pratik Çalışmalar, İstanbul (son baskı) Kılıçoğlu, Ahmet, Borçlar Hukuku Özel Hükümler Pratik Çalışmaları, Ankara(son baskı). Tüzüner, Özlem, Borçlar Hukuku Özel Hükümler Pratik Çalışmaları (son baskı).
Teaching MethodsTheoretical lecture followed by case law reviews and practical exercises
Homework and Projects
Laboratory Work
Computer Use
Other Activities
Assessment Methods
Assessment Tools Count Weight
Midterm(s) 1 % 40
Final Examination 1 % 60
TOTAL % 100
Course Administration kapancib@mef.edu.tr

Office: MEF University Office (5th Floor) Office Hours: By appointment

ECTS Student Workload Estimation

Activity No/Weeks Hours Calculation
No/Weeks per Semester Preparing for the Activity Spent in the Activity Itself Completing the Activity Requirements
Course Hours 14 1 3 56
Midterm(s) 2 4 2 12
Final Examination 1 8 2 10
Total Workload 78
Total Workload/25 3.1
ECTS 3