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 519 | ||||||
| Course Title in English | Concept of Possession and its Acquisition | ||||||
| Course Title in Turkish | Zilyetlik Kavramı ve İktisap Yolları | ||||||
| Language of Instruction | TR | ||||||
| Type of Course | Flipped Classroom,Lecture | ||||||
| Level of Course | Advanced | ||||||
| Semester | Spring,Fall | ||||||
| Contact Hours per Week |
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| Estimated Student Workload | 138 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 | Master's Students Only | ||||||
| Overall Educational Objective | To provide basic information on the concept of possession and its place in the law of property in the context of legal regulations | ||||||
| Course Description | Ders İçeriği - İngilizce In this elective course, within the framework of legal regulations and judicial decisions, the following subjects will be taught: "The concept of possession in general, the elements and legal nature of possession, the purposes of possession, possession on goods and rights, types of possession, acquisition of possession, protection of possession, obligation to return in possession and its scope, termination of possession". |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Learns the historical development, definition, material and moral elements and legal nature of the concept of possession. 2) Learns the effect of possession in providing visibility to rights, its effects in gaining rights in movables, and its effects concerning immovables. 3) Knows and understands the various distinctions of possession (possession of one person - possession of many people; primary possession - secondary possession; direct possession - indirect possession; possession of goods - possession of rights; rightful possession - wrongful possession; possession as owner - possession in another capacity; possession in one's own name - possession in the name of another and assistants in possession). 4) Knows the ways of acquiring possession originally and by transfer; comprehends the cases in which possession is acquired with or without delivery (brevi manu traditio, constitum possessorium, transfer of possession, transfer of documents representing the goods, acquisition of possession by inheritance). 5) Understands the principles of the protection of possession, both independently of the underlying right and as a presumption of a right. 6) Knows the obligation to return of the good faith possessors and bad faith possessors and the scope of this obligation. 7) Knows how to terminate possession and the consequences of doing so. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 | 7 |
|---|---|---|---|---|---|---|---|
| 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 | N | |
| 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. | N | |
| 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 | HAVVA KARAGÖZ , February 2024 |
| Course Coordinator | AKTS1 |
| Semester | Spring,Fall |
| Name of Instructor |
Course Contents
| Week | Subject |
| 1) | OPENING LECTURE - Historical development of the concept of possession, material and moral elements, legal nature and comparison with the concept of property. |
| 2) | The duties of possession in clarifying rights and ensuring the acquisition of rights in movable property; immovable property |
| 3) | Distinctions with regard to possession (1): Possession by one person - possession by several persons (collective possession, graduated possession); primary possession - secondary possession; direct possession - indirect possession. |
| 4) | Distinctions with regard to possession (2): Possession over property - Possession over rights; Rightful Possession - Wrongful Possession; Possession as owner - Possession in another capacity; Possession in one's own name - Possession in the name of others and assistants in possession |
| 5) | Original acquisition of possession; acquisition of possession by transfer, delivery; delivery between those who are present and those who are not present |
| 6) | Acquisition of possession by transfer, without delivery (brevi manu traditio, constitum possessorium, transfer of possession, transfer of documents representing the goods, acquisition of possession by inheritance) |
| 7) | Protection of possession (1): Protection of possession irrespective of the underlying right (right of the possessor to use force, actions for possession and administrative remedies). |
| 8) | Protection of possession (2): Protection of possession on the basis of the presumed underlying right (presumptions of law arising from possession) |
| 9) | Obligation to return arising from possession and its scope (obligation to return of the good faith possessors and the bad faith possessors) |
| 10) | Termination of possession |
| 11) | Final assignment studies |
| 12) | Final assignment studies |
| 13) | Oral presentations |
| 14) | Oral presentations |
| 15) | Submission of the written assignments |
| 16) | Submission of the written assignments |
| Required/Recommended Readings | 1) Lale Sirmen, Eşya Hukuku, Yetkin Kitapçılık 2) Kemal Oğuzman, Özer Seliçi, Saibe Oktay Özdemir, Eşya Hukuku, Filiz Kitabevi 3) Haluk Nami Nomer, Mehmet Serkan Ergüne, Eşya Hukuku, OnİkiLevha Yayınları 4) Hasan Erman, Eşya Hukuku Dersleri, DR Yayınları 5) Osman Gökhan Antalya, Eşya Hukuku, Cilt IV, Seçkin Yayınları 6) Mehmet Ayan, Eşya Hukuku -I (Zilyetlik ve Tapu Sicili), Adalet Yayınları 7) Hasan Özkan, Türk Medeni Yasası ve Uygulaması Cilt VII, Legal Yayıncılık, 8) Havva Karagöz, Traditio (Teslim)’nun Tarihsel Gelişimi ve Constitutum Possessorium, DR Yayınları | ||||||||||||
| Teaching Methods | After the lecturer's guidance and necessary explanations and information about the course, students' participation in the course is ensured. The course is taught through seminar assignments and presentations prepared by the students. | ||||||||||||
| Homework and Projects | Students will be evaluated on the basis of their final assignment and oral presentation of this assignment. In order to successfully complete the course, a minimum score of 65 out of 100 is required. | ||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
karagozh@mef.edu.tr karagozh@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 | 2 | 2 | 2 | 84 | ||
| Presentations / Seminar | 1 | 20 | 2 | 1 | 23 | ||
| Homework Assignments | 1 | 28 | 1 | 2 | 31 | ||
| Total Workload | 138 | ||||||
| Total Workload/25 | 5.5 | ||||||
| ECTS | 6 | ||||||