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 503 | ||||
| Course Title in English | International Law of Obligations | ||||
| Course Title in Turkish | Milletlerarası Borçlar Hukuku | ||||
| Language of Instruction | TR | ||||
| Type of Course | Flipped Classroom | ||||
| Level of Course | Advanced | ||||
| Semester | Spring | ||||
| 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 | Yok | ||||
| Registration Restrictions | Graduate Students Only | ||||
| Overall Educational Objective | The aim of this course is to discuss the issues related to the drafting, interpretation and performance of contracts with an international element on the basis of international practice and national legislation. | ||||
| Course Description | Basic principles of private international law; Comparison of European Union international law of obligations and Turkish international law of obligations; United Nations Convention on Contracts for the International Sale of Goods (CISG); lex mercatoria, Principles on International Commercial Contracts (PICC), European Principles of Contracts Law (PECL); issues to be considered in the preparation of international contracts, the problem of international jurisdiction in disputes arising from the interpretation or performance of the contract; the determination of the law applicable to the contract (contractual status) and the problems related to its implementation, the application area of the contractual status, the relationship between tort liability and contractual liability; mandatory rules; contract types containing foreign elements (sales contract, intellectual property rights contract, franchise contract, factoring and leasing contract, consumer contract, insurance contract, employment contract, etc.); representation and disposition; jurisdiction and arbitration clause. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) To prepare international contracts 2) To know the rules of international law of obligations of the European Union 3) To be able to apply the provisions of CISG and PICC, PECL 4) To be able to interpret international contracts 5) To be able to solve disputes arising from international contracts |
| 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. | H | Exam,HW,Presentation |
| 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,Presentation |
| 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. | S | Exam,HW,Presentation |
| 7) | Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. | S | Exam,HW,Presentation |
| Prepared by and Date | AYFER UYANIK , January 2024 |
| Course Coordinator | AKTS1 |
| Semester | Spring |
| Name of Instructor | Prof. Dr. AYFER UYANIK |
Course Contents
| Week | Subject |
| 1) | General Information on International Law of Obligations |
| 2) | International Sales Law |
| 3) | International Sales Law |
| 4) | Freight Contract in Private International Law |
| 5) | Electronic Contracts and Law Applicable to Electronic Contracts |
| 6) | Medical Contracts with a Foreign Element |
| 7) | Employment Contracts Containing a Foreign Element |
| 8) | International Intellectual Property Contract |
| 9) | Franchise Agreements Containing Foreign Elements |
| 10) | Factoring Agreements Containing Foreign Element |
| 11) | Leasing in International Trade |
| 12) | Commercial Agency and Exclusive Selling Contract in Private International Law |
| 13) | International Contract of Carriage |
| 14) | Consumer Contract in Private International Law |
| 15) | Submission of Written Assignments |
| 16) | Submission of Written Assignments |
| Required/Recommended Readings | A reading list of recommended books will be given at the beginning of the semester. | ||||||||||||
| Teaching Methods | Lecture, homework and presentation | ||||||||||||
| Homework and Projects | Final paper | ||||||||||||
| Laboratory Work | None | ||||||||||||
| Computer Use | None | ||||||||||||
| Other Activities | None | ||||||||||||
| Assessment Methods |
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| Course Administration |
uyanika@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 | 15 | 1 | 16 | |||
| Homework Assignments | 1 | 15 | 1 | 16 | |||
| Midterm(s) | 1 | 20 | 2 | 22 | |||
| Total Workload | 138 | ||||||
| Total Workload/25 | 5.5 | ||||||
| ECTS | 6 | ||||||