| School/Faculty/Institute |
Graduate School |
| Course Code |
HUK 535 |
| Course Title in English |
Construction Agreement in Return For Land Share |
| Course Title in Turkish |
Arsa Payı Karşılığı İnşaat Sözleşmesi |
| Language of Instruction |
TR |
| Type of Course |
Lecture |
| Level of Course |
Advanced |
| Semester |
Spring |
| Contact Hours per Week |
| Lecture: 2 |
Recitation: |
Lab: |
Other: |
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| Estimated Student Workload |
138 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 |
Only Graduate Students |
| Overall Educational Objective |
To learn the basic and controversial issues regarding the construction contract in return for land share within the framework of doctrine and especially practice |
| Course Description |
Art structure contract and construction contract, elements of the Contruction Contract in Return for Land Share, its elements, form and function, recording into the land registry, rights and duties of the contracting sides, sorts, transfer to the third parties, jurisdiction of the supreme court on this field, dissolution by the land owner, cansellation of the land registry by the land owner and analysing of the decision of the Constitutional Court on this topic. |
| Course Description in Turkish |
Eser sözleşmesi ve onun bir türü olarak inşaat sözleşmesi, sözleşmenin (APKİS) unsurları, bağlı olduğu şekil ile gerçekleştirdiği işlev, sözleşmenin şerhi ve şerhin rolü, arsa sahibinin hakları ve borçları, yüklenicinin hakları ve borçları, APKİS sözleşmesinin kuruluş biçimleri (arsa paylarının devir yöntemine göre), APKİS’te yüklenicinin henüz kendisine devredilmemiş arsa paylarını üçüncü kişiye devri ve birden çok kişiye devir durumunda Yargıtay'ın benimsediği uygulama, yüklenicinin devraldığı arsa paylarını üçüncü kişiye devri, arsa sahibinin sözleşmeyi temerrüt nedeniyle feshi ve tapu kaydının iptali durumu, APKİS’in iptali nedeniyle yüklenici tarafından üçüncü kişilere devredilmiş bulunan bağımsız bölümlere ilişkin tapu kayıtlarının iptali uygulaması ve konuya ilişkin AYM kararının tahlili. |
Course Learning Outcomes and Competences
Upon successful completion of the course, the learner is expected to be able to:
1) To comprehend the elements, function, form, differences and similarities of the construction contract in return for land share with the contract of work and general construction contract.
2) To understand the application of the construction contract in return for land share in practice.
3) To comprehend the problems arising especially in case of termination of the contract by the land owner.
4) Understanding the meaning of the share transfers to the contractor according to the decisions of the Court of Cassation.
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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| 6) Expert, specialised cognitive and technical to independently interpret and transmit knowledge, skills and ideas to specialist and non-specialist audiences. |
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| 7) Knowledge and skills to demonstrate autonomy, expert judgment, adaptability and responsibility as a practitioner and learner in the field of private law. |
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Relation to Program Outcomes and Competences
| N None |
S Supportive |
H Highly Related |
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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. |
H |
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. |
H |
HW,Presentation
|
| Prepared by and Date |
EKREM KURT , February 2024 |
| Course Coordinator |
AKTS1 |
| Semester |
Spring |
| Name of Instructor |
|
Course Contents
| Week |
Subject |
| 1) |
Contract for work within the scope of performance contracts and construction contract as a type of it |
| 2) |
Elements of the construction contract in return for land share (APKİS) as a mixed atypical contract, its form and function |
| 3) |
Annotation of the contract and the role of annotation |
| 4) |
Rights and obligations of the land owner |
| 5) |
Rights and obligations of the contractor |
| 6) |
Mid-term evaluation |
| 7) |
Forms of the establishment of the APKİS (according to the method of transfer of land shares) |
| 8) |
Transfer of the land shares that have not yet been transferred to the contractor to the third party and the practice adopted by the Court of Cassation in case of transfer to more than one person |
| 9) |
Transfer of the land shares taken over by the contractor to the third party |
| 10) |
Termination of the contract by the landowner due to default and cancellation of the deed |
| 11) |
The cancellation of the deed regarding the independent sections transferred by the contractor to third parties due to the cancellation of APKİS and the analysis of the Constitutional Court decision on the subject. |
| 12) |
End of the semester (submission and criticism of the seminars). |
| 13) |
End of the semester (submission and criticism of the seminars). |
| 14) |
End of the semester (submission and criticism of the seminars). |
| 15) |
Written submission of assignments |
| 16) |
Written submission of assignments |
| Required/Recommended Readings | Eren, Borçlar Hukuku Özel Hükümler, Zevkliler, Borçlar Hukuku Özel Hükümler, Tandoğan, borçlar Hukuku Özel Hükümler, Aral/Ayrancı Borçlar Hukuku Özel Hükümler; theses, monographs, scientific articles (av.tr etc. publications lacking scientific quality are invalid). |
| Teaching Methods | Lecture and seminar presentations |
| Homework and Projects | |
| Laboratory Work | |
| Computer Use | |
| Other Activities | |
| Assessment Methods |
| Assessment Tools |
Count |
Weight |
| Presentation |
1 |
% 40 |
| Paper Submission |
1 |
% 60 |
| TOTAL |
% 100 |
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| Course Administration |
kurte@mef.edu.tr
kurte@mef.edu.tr
Sözel ve teorik.
Disiplin soruşturmasının gerektiği durumlarda YÖK Öğrenci Disiplin Yönetmeliği uygulanacaktır.
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