Information Package / Course Catalogue
| Private Law (YL) (Non-Thesis) | |||||
| Master | Length of the Programme: 1.5 | Number of Credits: 90 | TR-NQF-HE: Level 7 | QF-EHEA: Second Cycle | EQF: Level 7 |
ECTS Course Information Package
| 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 |
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| Estimated Student Workload | 140 hours per semester | ||||
| Number of Credits | 6 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Co-requisites | None | ||||
| Expected Prior Knowledge | 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. |
Course Learning Outcomes and CompetencesUpon 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. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 1) An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. | |||||
| 2) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. | |||||
| 3) An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines | |||||
| 4) Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. | |||||
| 5) Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. | |||||
| 6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | |||||
| 7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. |
Relation to Program Outcomes and Competences
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | An advanced and integrated understanding of the complex body of knowledge in the field of private law in general. | N | |
| 2) | An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on the rules and principles governing contractual dealings, equitable doctrines, civil wrongs and private law remedies. | N | |
| 3) | An advanced and integrated understanding of the complex body of knowledge in the field of private law specifically on current debates on the nature, basis and potential reform of private law doctrines | S | Exam,Presentation |
| 4) | Expert, specialised cognitive and technical skills to independently analyse, critically reflect on and synthesise complex information, concepts and theories in the field of private law. | S | Exam,Presentation |
| 5) | Expert, specialised cognitive and technical skills to independently research and apply such information, concepts and theories to the relevant body of knowledge and practice. | N | |
| 6) | Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | N | |
| 7) | Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. | N |
| Prepared by and Date | HALUK NAMİ NOMER , January 2024 |
| Course Coordinator | AKTS1 |
| Semester | Fall |
| Name of Instructor | Prof. Dr. EKREM KURT |
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 |
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| Course Administration |
nomerh@mef.edu.tr Vize ve final için ödev verilir. Final ödevinin sunumu yapılır. |
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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 | 2 | 2 | 2 | 84 | ||
| Presentations / Seminar | 1 | 20 | 1 | 1 | 22 | ||
| Homework Assignments | 1 | 30 | 2 | 2 | 34 | ||
| Total Workload | 140 | ||||||
| Total Workload/25 | 5.6 | ||||||
| ECTS | 6 | ||||||