| School/Faculty/Institute | Graduate School | ||||
| Course Code | HUK 540 | ||||
| Course Title in English | Techniques and Methods of Contract Drafting | ||||
| Course Title in Turkish | Sözleşme Hazırlama Tekniği ve Yönetimi | ||||
| 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 | 140 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 course, students will develop their theoretical knowledge and practical skills on issues that are currently discussed in the doctrine and practice of contract law. | ||||
| Course Description | First part of this course is designed to overview the general principles of contract law. In the second part of the course, each student will be asked to prepare a paper in which they will review and assess current developments in contract law in the light of scholarly opinions and court decisions on a specific subject. | ||||
| Course Description in Turkish | Dersin ilk bölümünde sözleşmeler hukukuna ilişkin temel bilgiler aktarılacaktır. Dersin ikinci bölümünde ise öğrenciler tarafından doktrin ve yargı kararları ışığında belirlenen konularda hazırlanan ödev ve sunumlarla ilgili konulardaki güncel gelişmeler değerlendirilecektir. |
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. Know the general principles of contract law. 2) Upon successful completion of the course, students are expected to: 2. Understand the current debates in the doctrine of contract law, formulate and express their own views. 3) Upon successful completion of the course, students are expected to: 3. Follow judicial decisions in the field of contract law. 4) Upon successful completion of the course, students are expected to: 4. Follow comparative law in the field of contract law. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 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. |
| 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 | 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 | 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 | H | HW,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. | H | HW,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. | S | HW,Presentation |
| 6) | Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. | S | 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. | 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) | Basic Principles of Contract Law Formation and Validity of Contracts (Basic Information) Performance of Contracts and Remedies to Breach of Contract (Basic Information) |
| 2) | Form Requirements to be Observed in the Preparation and Execution of Contracts |
| 3) | Characteristics of contract formation by way of representation |
| 4) | Validity Requirements in Contracts Established Through the Use of General Terms and Conditions |
| 5) | Requirements Regarding Content in Contracts Established Through the Use of General Terms and Conditions |
| 6) | Force Majeure, Unforeseen Circumstance and Adaptation Clauses in Contracts |
| 7) | Contract clauses regarding the performance of the contractual obligation (such as place and time of performance) |
| 8) | Non-liability Clauses in Contracts |
| 9) | Contract Clauses Regarding Change of Parties |
| 10) | Penalty Clauses |
| 11) | Contract Clauses on Interest Rates |
| 12) | Foreign Currency Clauses in Contracts |
| 13) | Clauses on Court Jurisdiction, Choice of Law and Jurisdiction of Arbitral Tribunals |
| 14) | Incoterms in Sales Contracts; Examination of Contract Clauses in Lease Agreements; Examination of Contract Clauses in Suretyship Agreements |
| 15) | Written submission of assignments |
| 16) | Written submission of assignments |
| Required/Recommended Readings | Kocayusufpaşaoğlu, Necip: Kocayusufpaşaoğlu / Hatemi / Serozan / Arpacı Borçlar Hukuku Genel Bölüm Birinci Cilt, Borçlar Hukukuna Giriş, Hukuki İşlem, Sözleşme, 7. Bs., Filiz Kitabevi (son baskı). Serozan, Rona: Kocayusufpaşaoğlu / Hatemi / Serozan / Arpacı Borçlar Hukuku Genel Bölüm Üçüncü Cilt, İfa, İfa Engelleri, Haksız Zenginleşme, 7. Bs., Filiz Kitabevi (son baskı). Oğuzman, M. Kemal/ Öz, M. Turgut: Borçlar Hukuku Genel Hükümler Cilt 1, 17. Bs., Vedat Yayıncılık(son baskı). Oğuzman, M. Kemal / Öz, M. Turgut: Borçlar Hukuku Genel Hükümler Cilt 2, 15. Bs., Vedat Yayıncılık(son baskı). Develioğlu, Murat / Pichonnaz, Pascal / Tercier, Pierre : Borçlar Hukuku - Genel Hükümler, 2. Bs., On İki Levha Yayıncılık(son baskı). Develioğlu, Murat / Kara, Doğan: Borçlar Hukuku Genel Hükümler ile İlgili İsviçre Federal Mahkemesi Kararlarından Örnekler, On İki Levha Yayıncılık(son baskı). | |||||||||||||||
| Teaching Methods | The courses are supported by seminar assignments and presentations prepared by the students. | |||||||||||||||
| Homework and Projects | ||||||||||||||||
| Laboratory Work | ||||||||||||||||
| Computer Use | ||||||||||||||||
| Other Activities | ||||||||||||||||
| Assessment Methods |
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| Course Administration |
engini@mef.edu.tr +902123953600 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 | ||
| Presentations / Seminar | 1 | 22 | 2 | 2 | 26 | ||
| Homework Assignments | 1 | 26 | 2 | 2 | 30 | ||
| Total Workload | 140 | ||||||
| Total Workload/25 | 5.6 | ||||||
| ECTS | 6 | ||||||