HUK 325 Law of GuaranteesMEF UniversityDegree Programs PsychologyGeneral Information For StudentsDiploma SupplementErasmus Policy Statement
Psychology
Bachelor Length of the Programme: 4 Number of Credits: 240 TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF: Level 6

Ders Genel Tanıtım Bilgileri

School/Faculty/Institute Faculty of Law
Course Code HUK 325
Course Title in English Law of Guarantees
Course Title in Turkish Teminat Hukuku
Language of Instruction TR
Type of Course Lecture
Level of Course Intermediate
Semester Spring
Contact Hours per Week
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 56 hours per semester
Number of Credits 2 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge None
Co-requisites None
Registration Restrictions Only Undergraduate Students
Overall Educational Objective With this course, students will learn in rem guarantees such as agreements of reservation of property rights, fiduciary transactions, contracts of promise of sale for collateral purposes and pledge rights, and personal guarantees such as suretyship, independent guarantees, letter of guarantees, comfort letters, joint and several obligation and cumulative assumption of obligation.
Course Description This course aims to provide a deeper analysis to the following institutions: reservation of property rights, fiduciary transactions, lien and mortgages, suretyship, independent guarantees, letter of guarantees, comfort letters, joint several obligation and cumulative assumption of obligation.
Course Description in Turkish Ders kapsamında mülkiyeti saklı tutma anlaşması, inançlı işlemler, rehin hakları, kefalet, garanti, banka teminat mektubu, itibar mektubu, teminat amacıyla müteselsil borçluluk ve borca katılma kurumları incelenecektir.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) To know the basic structures of the law of in rem and in personam guarantees.
2) Identify and discuss the content of the legal rules relating to in rem and personal guarantees, and can answer text questions on the subject.
3) Identify and apply the legal problems related to in rem and personal guarantees and the legal rules to be applied to them.
4) Evaluates and criticizes the results of the application of the rules on guarantees in rem and personal guarantees.
Program Learning Outcomes/Course Learning Outcomes 1 2 3 4
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) General Introduction: In rem and in personam guarantees
2) Reservation of property rights
3) Fiduciary Transactions for Collateral Purposes - 1 : In relation to Movables and Rights to Receivables
4) Fiduciary Transactions for Collateral Purposes - 2 : In relation to Immovable Properties
5) Ccontracts of promise of sale for security purposes and its validity
6) Pledge - 1: Movable pledge
7) Pledge - 2: Real estate pledge
8) Evaluations on TCO 603 and TCA 4 p. 5 and p.6
9) Cumulative assumption of debt and joint and several liability for security purposes: External relations between creditors and debtors
10) Cumulative assumption of debt and joint and several liability for security purposes: Internal relations between the debtors
11) Surety agreement: formation, validity and types
12) Surety agreement: Relationship between creditor and surer, surer and principal debtor
13) Guarantee agreement and bank letters of guarantee
14) General review
Required/Recommended ReadingsGümüş, Alper, Borçlar Hukuku Özel Hükümler, C.II, Vedat Kitapçılık, İstanbul (son baskı). Kapancı, Kadir Berk, Birlikte Borçlulukta Borçlular Arası İlişkiler, Vedat Kitapçılık (son baskı). Özen, Burak, 6098 Sayılı Türk Borçlar Kanunu Çerçevesinde Kefalet Sözleşmesi, Vedat Kitapçılık, İstanbul(son baskı). Reisoğlu, Seza, Banka Teminat Mektupları ve Kontrgarantiler, Ankara (son baskı). Reisoğlu, Seza, Türk Kefalet Hukuku, Ankara(son baskı). Yavuz, Nihat, Öğreti ve Uygulamada Türk Kefalet Hukuku, Adalet, Ankara(son baskı). Oğuzman, Kemal / Seliçi, Özer / Oktay-Özdemir, Saibe, Eşya Hukuku, Filiz, İstanbul(son baskı). Sirmen, Lale, Eşya Hukuku, Yetkin, Ankara(son baskı).
Teaching MethodsTheoretical lectures, evaluation of court decisions on the subject.
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 2 42
Midterm(s) 1 4 2 6
Final Examination 1 6 2 8
Total Workload 56
Total Workload/25 2.2
ECTS 2