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 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 | Select | |||||||||
| 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 | |||||||||
| Co-requisites | None | |||||||||
| Expected Prior Knowledge | 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 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 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. | H | Exam,HW |
| 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 | H | Exam,HW |
| 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. | H | Exam,HW |
| 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. | S | Presentation |
| Prepared by and Date | BAŞAK ERDOĞAN , February 2024 |
| Course Coordinator | AKTS1 |
| Semester | Fall |
| Name of Instructor | Prof. Dr. BAKİ İLKAY ENGİN |
Course Contents
| 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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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 | ||
| Homework Assignments | 1 | 35 | 35 | ||||
| Final Examination | 1 | 20 | 2 | 22 | |||
| Total Workload | 141 | ||||||
| Total Workload/25 | 5.6 | ||||||
| ECTS | 6 | ||||||