| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 405 | ||||
| Course Title in English | Private International Law I | ||||
| Course Title in Turkish | Milletlerarası Özel Hukuk I | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 94 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | It is assumed that the student knows the basic principles of Civil Law. | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | The general educational objective of the course is to teach the issues related to Turkish nationality law within the scope of relevant international conventions and legislation; to discuss and solve the problems of nationality law within the framework of international conventions/legislation/jurisprudence/doctrine; to gain the ability to think about the issues related to the conflict of laws on the basis of international private law methodology; to teach to analyze and resolve legal problems arising from legal transactions and relations involving foreign elements within the scope of relevant legislation and international conventions, jurisprudence and doctrine. | ||||
| Course Description | Nationality law: objective, scope, definitions and the implementation of citizenship services; the acquisition of Turkish citizenship; loss of Turkish citizenship. Private International Law: The basic concepts of private international law; renvoi, classification, preliminary question, public policy, fraud, mandatory rules, conflict of laws (art. 9-39 PILA). | ||||
| Course Description in Turkish | Vatandaşlık hukuku: amaç, kapsam, tanımlar ve vatandaşlık hizmetlerinin yürütülmesi; Türk vatandaşlığının kazanılması; Türk vatandaşlığının kaybı. Milletlerarası özel hukuk: Milletlerarası özel hukukun genel hükümleri, atıf, vasıflandırma, ön sorun, kamu düzeni, kanuna karşı hile, doğrudan uygulanan kurallar, kanunlar ihtilafı kuralları (MÖHUK m. 9-39). |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) To know the issues within the scope of Turkish nationality law; to identify, discuss and solve the problems related to the acquisition and loss of Turkish citizenship 2) To know the logic and methodology of Private International Law 3) Characterization of legal disputes involving a foreign element, determination of the applicable law; if the applicable law is foreign law, to know what are the principles that prevent the application of this law 4) To analyze the legal problems related to private international law within the framework of the provisions of the provisions of the PILA 5) Analyzing court decisions or a hypothetical case with the theoretical knowledge acquired |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 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. |
| 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 | AYFER UYANIK , January 2024 |
| Course Coordinator | AYFER UYANIK |
| Semester | Fall |
| Name of Instructor | Prof. Dr. AYFER UYANIK |
| Week | Subject |
| 1) | Introduction to private international law / Nature and types of private international law rules |
| 2) | Circumvention / Adaptation / Preliminary issue / Renvoi / Public order / Change of status / Overriding mandatory provisions / Application of foreign law |
| 3) | The law applicable to form requirements, prescription period and capacity |
| 4) | Conflict of laws rules on family law |
| 5) | Conflict of laws rules on family law II |
| 6) | Coflict of laws rules regarding inheritance / Conflict of laws rules regarding rights in rem |
| 7) | Conflict of laws rules regarding contracts |
| 8) | Conflict of laws rules regarding contracts II |
| 9) | Conflict of laws rules regarding torts |
| 10) | Conflict of laws rules regarding torts / Conflict of laws rules regarding unjust enrichment |
| 11) | Basic concepts and principles of nationality law |
| 12) | Relationship of nationality law with other fields of law / Acquisition of Turkish citizenship |
| 13) | Loss of Turkish citizenship |
| 14) | Proof of Turkish citizenship and judicial means / Analysis of the decisions of the Council of State on nationality law |
| Required/Recommended Readings | 1. Milletlerarası Özel Hukuk TEKİNALP, Gülören/UYANIK, Ayfer, Milletlerarası Özel Hukuk, Bağlama Kuralları (son bası) NOMER, Ergin, Devletler Hususi Hukuku (son bası). ÇELİKEL, Aysel/ERDEM, Bahadır, Milletlerarası Özel Hukuk (son bası) ŞANLI, Cemal/ESEN, Emre/ATAMAN FİGANMEŞE, İnci, Milletlerarası Özel Hukuk (son bası) 2. Vatandaşlık Hukuku ERDEM, Bahadır, Türk Vatandaşlık Hukuku (son bası) NOMER, Ergin, Türk Vatandaşlık Hukuku (son bası) | ||||||||||||
| Teaching Methods | Theoretical lecture followed by decision readings and practical exercises | ||||||||||||
| Homework and Projects | None | ||||||||||||
| Laboratory Work | None | ||||||||||||
| Computer Use | None | ||||||||||||
| Other Activities | None | ||||||||||||
| Assessment Methods |
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| Course Administration |
uyanika@mef.edu.tr |
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| 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 | 8 | 2 | 20 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 94 | ||||||
| Total Workload/25 | 3.8 | ||||||
| ECTS | 4 | ||||||