| School/Faculty/Institute | Graduate School | |||||||||
| Course Code | HUK 507 | |||||||||
| Course Title in English | Collateral Law | |||||||||
| Course Title in Turkish | Teminat Hukuku | |||||||||
| Language of Instruction | TR | |||||||||
| Type of Course | Flipped Classroom | |||||||||
| Level of Course | Seçiniz | |||||||||
| Semester | Fall | |||||||||
| Contact Hours per Week |
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| Estimated Student Workload | 141 hours per semester | |||||||||
| Number of Credits | 6 ECTS | |||||||||
| Grading Mode | Standard Letter Grade | |||||||||
| Pre-requisites | None | |||||||||
| Expected Prior Knowledge | None | |||||||||
| Co-requisites | None | |||||||||
| Registration Restrictions | None | |||||||||
| Overall Educational Objective | In this lesson, it is expected to learn the reasons for the need for collateral and the various types of in-kind and personal guarantees that meet this need. | |||||||||
| Course Description | Varios types of personal and real guarantees will be examined. | |||||||||
| Course Description in Turkish | Derste belli başlı ayni ve şahsi teminat türleri üzerinde durulacaktır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Upon successful completion of the course, students are expected to 1. Distinguish between different legal means of securing a claim and determine the most appropriate type of legal guarantee to meet the need. 2) Upon successful completion of the course, students are expected to 2. Know the main differences between the types of personal guarantees and real guarantees. 3) Upon successful completion of the course, students are expected to 3. Know the conditions for validity of the surety agreement. 4) Upon successful completion of the course, students are expected to 4. Understands the scope of the guarantor's responsibility. 5) Upon successful completion of the course, students are expected to 5. Understand the defense possibilities of the guarantor against the creditor. 6) Upon successful completion of the course, students are expected to 6. Know the reasons for the termination of suretyship. 7) Upon successful completion of the course, students are expected to 7. Discuss the legal capacity and form requirements of the mortgage contract. 8) Upon successful completion of the course, students are expected to 8. Know the scope of the mortgage in terms of receivables and immovable property. 9) Upon successful completion of the course, students are expected to 9. Know the order of mortgaged creditors. 10) Upon successful completion of the course, students are expected to 10. Knows the basics of the Court of Cassation case-law regarding suretyship and mortgages. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 |
|---|---|---|---|---|---|---|---|---|---|---|
| 1) An enhancement of the theoretical and practical skills obtained during the undergraduate degree for the subjects within the domain of public law. | ||||||||||
| 2) An updated knowledge of developments in jurisprudence and legislation. | ||||||||||
| 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. | ||||||||||
| 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. | ||||||||||
| 5) An ability to describe processes and theories both verbally and in writing on national and international platforms within the field of public law. | ||||||||||
| 6) An awareness of social, scientific and ethical values regarding public law field all related professional activities. | ||||||||||
| 7) An ability to communicate in English both verbally and in writing at European Language Portfolio General Level B2. | ||||||||||
| 8) An understanding of social and environmental aspects of legislative and jurisprudential measures and theories. |
| N None | S Supportive | H Highly Related |
| 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 | |
| 8) | An understanding of social and environmental aspects of legislative and jurisprudential measures and theories. | N |
| Prepared by and Date | BAŞAK ERDOĞAN , February 2024 |
| Course Coordinator | AKTS1 |
| Semester | Fall |
| Name of Instructor | Prof. Dr. BAKİ İLKAY ENGİN |
| Week | Subject |
| 1) | Opening Lecture |
| 2) | The concept of guarantee and the need for guarantees |
| 3) | Real guarantees and personal guarantees |
| 4) | Capacity and form requirements of the suretyship agreement |
| 5) | Defenses of the guarantor against the creditor |
| 6) | Scope of the guarantor's liability |
| 7) | Termination of suretyship |
| 8) | Guarantee agreement and letters of credit |
| 9) | Participation in debt and joint liability |
| 10) | Transfer of property or credits for guarantee purposes |
| 11) | Mortgage agreement and conditions of validity |
| 12) | Scope of the mortgage concerning the immovable and credit |
| 13) | Order of mortgaged credits |
| 14) | Types of pledges on movable property |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | Oğuzman/Seliçi/Oktay Özdemir, Eşya Hukuku, 17. Bası, Filiz Kitabevi, İst. son bası. Köprülü/Kaneti, Sınırlı Ayni Haklar, 2. Bası, İst. son bası. Serozan, Eşya Hukuku I, 3. Bası, İst. son bası. Tandoğan, Borçlar Hukuku, Özel Borç İlişkileri, Cilt II, Ank. son bası. Reisoğlu, S., Türk Kefalet Hukuku, Ank. son bası. Özen, B, Kefalet Sözleşmesi, 4.Baskı, İst. son bası. Reisoğlu, S., Banka Teminat Mektupları ve Kontrgarantiler, 4.Baskı, Ank. son bası. Gülçin Elçin Grassinger, Kefilin Alacaklıya Karşı Sahip Olduğu Savunma İmkanları, İst. son bası | |||||||||||||||
| Teaching Methods | After the basic information about the law of guarantees is explained by the lecturer, the important subjects are evaluated as seminar assignments by the students. By presenting and discussing the prepared assignments in the course, the students are expected to learn about the course subjects. | |||||||||||||||
| Homework and Projects | ||||||||||||||||
| Laboratory Work | ||||||||||||||||
| Computer Use | ||||||||||||||||
| Other Activities | ||||||||||||||||
| Assessment Methods |
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| Course Administration |
+902123963500 Ofis Saatleri: Randevu üzerine Office Hours: Upon appointment |
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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 | 2 | 2 | 2 | 84 | ||
| Homework Assignments | 1 | 35 | 35 | ||||
| Final Examination | 1 | 20 | 2 | 22 | |||
| Total Workload | 141 | ||||||
| Total Workload/25 | 5.6 | ||||||
| ECTS | 6 | ||||||