HUK 535 Construction Agreement in Return For Land ShareMEF UniversityDegree Programs Private Law (YL) (Non-Thesis)General Information For StudentsDiploma SupplementErasmus Policy Statement
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 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:
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 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 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.
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.

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. N
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. N
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 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 ReadingsEren, 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 MethodsLecture 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
Course Administration kurte@mef.edu.tr

kurte@mef.edu.tr Sözel ve teorik. Disiplin soruşturmasının gerektiği durumlarda YÖK Öğrenci Disiplin Yönetmeliği uygulanacaktır.

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 25 1 1 27
Homework Assignments 1 24 1 2 27
Total Workload 138
Total Workload/25 5.5
ECTS 6