| 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 | ||||
| Expected Prior Knowledge | Civil procedure | ||||
| Co-requisites | None | ||||
| 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 Description in Turkish | Cüz’i icra türleri ve cebri icra organları hakkında genel bir bakış anlatılarak, cüz’i icra türlerinden biri olan genel haciz yoluyla takibin aşamalarından takip talebi, ödeme emri ve kesinleşmesi, haciz ve hacizli mallardan menkul malların satışına kadarki aşamalar hakkında bilgi verilecektir. |
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) 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 | ÇİĞDEM YAZICI , January 2024 |
| Course Coordinator | ÇİĞDEM YAZICI |
| Semester | Fall |
| Name of Instructor | Assoc. Prof. Dr. ÇİĞDEM YAZICI |
| 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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| 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 | ||||||