| School/Faculty/Institute |
Graduate School |
| Course Code |
HUK 528 |
| Course Title in English |
Determination of Material Compensation |
| Course Title in Turkish |
Maddi Tazminatın Belirlenmesi |
| Language of Instruction |
TR |
| Type of Course |
Lecture |
| Level of Course |
Intermediate |
| Semester |
Fall |
| Contact Hours per Week |
| Lecture: 2 |
Recitation: |
Lab: |
Other: |
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| Estimated Student Workload |
140 hours per semester |
| Number of Credits |
6 ECTS |
| Grading Mode |
Standard Letter Grade
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| Pre-requisites |
None |
| Expected Prior Knowledge |
none |
| Co-requisites |
None |
| Registration Restrictions |
graduate students only |
| Overall Educational Objective |
Determination of the amount of pecuniary compensation in general, and in particular, understanding of the characteristics of fault, co-fault, the way the incident occurred and the judge's discretionary power, which are effective in determining the amount of compensation |
| Course Description |
Comprehension of the following issues:
Essentials of the definition of material compensation, legal criterias on defining the amount of compensation, the legal reasons which cause to increase or decrease the compensation, co-operative negligince, occurance situation of the damage and the judicial discretion.
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| Course Description in Turkish |
Maddi tazminatın özellikleri, tazminat miktarının belirlenmesindeki yasal ölçütler, miktarın azaltılmasını veya artırılmasını gerektiren özel haller, tazminat ile denkleştirmenin karşılaştırılması |
Course Learning Outcomes and Competences
Upon successful completion of the course, the learner is expected to be able to:
1) Understand the basic criteria that play a role in determining the amount of compensation.
2) Have basic knowledge about actuarial principles.
3) Learn the direct effect of the joint fault of the damaged party on the amount of compensation.
4) Understands the function of the discretionary power of the judge, especially in cases where it is very difficult to determine the amount of compensation.
5) Be aware of the current debates and opinions in the judicial and academic world regarding the determination of the amount of compensation.
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| Program Learning Outcomes/Course Learning Outcomes |
1 |
2 |
3 |
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5 |
| 1) An enhancement of the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of public law. |
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| 2) An updated knowledge of developments in jurisprudence and legislation. |
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| 3) An ability to diagnose sources of legal disputes in the domain of public law, and to apply rules and regulations for solving these disputes. |
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| 4) A capability to critically analyse existing regulations and theory and to propose new insights to old and new problems occurring in the domain of public law. |
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| 5) An ability to describe processes and theories both verbally and in writing on national and international platforms within the field of public law. |
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| 6) An awareness of social, scientific and ethical values regarding public law field all related professional activities. |
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| 7) An ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2. |
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| 8) An understanding of social and environmental aspects of legislative and jurisprudential measures and theories. |
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Relation to Program Outcomes and Competences
| N None |
S Supportive |
H Highly Related |
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Program Outcomes and Competences |
Level |
Assessed by |
| 1) |
An enhancement of the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of public law. |
N |
|
| 2) |
An updated knowledge of developments in jurisprudence and legislation. |
N |
|
| 3) |
An ability to diagnose sources of legal disputes in the domain of public law, and to apply rules and regulations for solving these disputes. |
N |
|
| 4) |
A capability to critically analyse existing regulations and theory and to propose new insights to old and new problems occurring in the domain of public law. |
N |
|
| 5) |
An ability to describe processes and theories both verbally and in writing on national and international platforms within the field of public law. |
N |
|
| 6) |
An awareness of social, scientific and ethical values regarding public law field all related professional activities. |
N |
|
| 7) |
An ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2. |
N |
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| 8) |
An understanding of social and environmental aspects of legislative and jurisprudential measures and theories. |
N |
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| Prepared by and Date |
HALUK NAMİ NOMER , January 2024 |
| Course Coordinator |
AKTS1 |
| Semester |
Fall |
| Name of Instructor |
Prof. Dr. HALUK NAMİ NOMER |
Course Contents
| Week |
Subject |
| 1) |
General explanations about obligations arising from tort |
| 2) |
Distinction and intertwining of pecuniary compensation and non-pecuniary compensation |
| 3) |
Determination of the amount of compensation in general |
| 3) |
Determination of the amount of compensation in general |
| 4) |
Factors affecting the determination of the amount of compensation, in particular fault, the status of the parties, joint fault (mutual fault) |
| 5) |
Compensation for bodily injuries, judicial and medical healing periods |
| 6) |
Compensation for deprivation of support |
| 7) |
Determination of the amount of pecuniary compensation arising from work accidents |
| 8) |
Actuarial calculation principles and basis |
| 9) |
Monetary compensation for infringement of intellectual and industrial property rights |
| 10) |
Compensation for damages that cannot be covered by legal interest |
| 11) |
Determination of financial compensation in divorce |
| 12) |
Financial compensation arising from defective goods and services |
| 13) |
Financial compensation arising from traffic accidents |
| 14) |
Finals |
| 15) |
Finals |
| 15) |
Finals |
| Required/Recommended Readings | EREN, Fikret, Borçlar Hukuku Genel Hükümler
OĞUZMAN/ÖZ, Borçlar Hukuku Genel Hükümler
KOCAYUSUFPAŞAOĞLU/HATEMİ/SEROZAN/ARPACI, Borçlar Hukuku Genel Hük.
GÜLEÇ, Sema: Maddi Tazminat Esasları ve Hesaplanması
and other textbooks and monographs, articles and jurisprudence on the General Provisions of the Law of Obligations. |
| Teaching Methods | verbal and visual lectures, seminar presentations by students and discussions about them, reading and discussion of selected sources |
| Homework and Projects | |
| Laboratory Work | |
| Computer Use | |
| Other Activities | |
| Assessment Methods |
| Assessment Tools |
Count |
Weight |
| Presentation |
1 |
% 40 |
| Paper Submission |
1 |
% 60 |
| TOTAL |
% 100 |
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| Course Administration |
nomerh@mef.edu.tr
Vize ve final için ödev verilir. Final ödevinin sunumu yapılır. |
Information Package / Course Catalogue