Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
ECTS Course Information Package
| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 409 | ||||
| Course Title in English | Forceful Execution and Bankruptcy Law I | ||||
| Course Title in Turkish | İcra ve İflas Hukuku I | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Select | ||||
| Semester | Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 110 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Co-requisites | None | ||||
| Expected Prior Knowledge | Civil procedure | ||||
| Registration Restrictions | only undergraduate students | ||||
| Overall Educational Objective | The student will gain the ability to follow developments in these areas through a basic knowledge of the basic stages and institutions involved in enforcement law, and to seek solutions to existing problems. | ||||
| Course Description | After a brief explanation regarding the general enforcement principles, types of individual enforcement and enforcement authorities, general enforcement procedure and its phases will be examined in detail. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand the enforcement agencies and how they work. 2) Understand the principles that govern enforcement law. 3) Know how to complete the follow-up request, the payment order and its finalisation, the seizure and the sale of movable goods from the seized goods by forced execution. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 |
|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | |||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | |||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | |||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | |||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | |||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | |||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | |||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | |||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | |||
| 10) Adoption of a positive approach to the concept of lifelong learning. | |||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | |||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | N | |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | H | Exam |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | S | Exam |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | N | |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | N | |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | N |
| Prepared by and Date | ÇİĞDEM YAZICI , January 2024 |
| Course Coordinator | ÇİĞDEM YAZICI |
| Semester | Fall |
| Name of Instructor |
Course Contents
| Week | Subject |
| 1) | General Information on Enforcement Law - Balance of Interests in Enforcement Law - Respect for Fundamental Rights in Enforcement Law - Principles Governing Enforcement Law - Enforcement Organisation |
| 2) | Complaints - Enforcement fees and expenses |
| 3) | Notice, time limits, holidays and talik states - Parties to enforcement proceedings and modification of proceedings - Enforcement by general Distraint |
| 4) | Subject matter of proceedings by way of general Distraint - Application for proceedings by way of general Distraint - Order for payment and objection to order for payment in proceedings by way of general Distraint |
| 5) | Action for annulment of objection |
| 6) | Rescission of objection - negative declaratory action and replevin cases |
| 7) | Cancellation and discontinuance of proceedings - Declaration of goods |
| 8) | General information on Distraint - Object of Distraint |
| 9) | Participation to a Distraint |
| 10) | Rei vindicatio procedure in Distraint |
| 11) | Payment of debts in instalments |
| 12) | Sale - Sale of movable property - Sale by negotiation - Sale of movable property by auction |
| 13) | Sale of immovable property by forced sale - Cancellation of auction |
| 14) | Allocation of money gathered by a tender |
| Required/Recommended Readings | 1-İcra ve İflas Hukuku, Ders Kitabı- Hakan Pekcanıtez - Oğuz Atalay - Muhammet Özekes - Meral Sungurtekin Özkan, On İki Levha Yayınları (last version). 2-İcra ve İflas Hukuku Pratik Çalışmalar, Hakan Pekcanıtez- Muhammet Özekes, On İki Levha Yayınları (last version). | ||||||||||||
| Teaching Methods | Theoretical expression, practical studies, evaluation of the decisions of the Court of Cassation | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
yazicic@mef.edu.tr |
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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 | 4 | 1 | 84 | ||
| Laboratory | 14 | 0 | 0 | ||||
| Homework Assignments | 1 | 0 | 0 | ||||
| Midterm(s) | 1 | 8 | 1 | 9 | |||
| Final Examination | 1 | 16 | 1 | 17 | |||
| Total Workload | 110 | ||||||
| Total Workload/25 | 4.4 | ||||||
| ECTS | 4 | ||||||