Information Package / Course Catalogue
| Private Law (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 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Graduate School | ||||||||
| Course Code | HUK 538 | ||||||||
| Course Title in English | Property and Usufruct Right | ||||||||
| Course Title in Turkish | Mülkiyet ve İntifa Hakkı | ||||||||
| Language of Instruction | TR | ||||||||
| Type of Course | Lecture | ||||||||
| Level of Course | Advanced | ||||||||
| Semester | Spring,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 | Only Graduate Students | ||||||||
| Overall Educational Objective | To give fundamental information regarding property and usufruct rights, fundamental distinctions and legal regulations | ||||||||
| Course Description | In this elective course, the following subjects are thought in light of legal regulations and judicial decisions: the concept of ownership, powers provided by the right of ownership, the subject and scope of the right of ownership, types of ownership (sole ownership – shared ownership - joint ownership); movable-immovable property ownership, acquisition of property, history and emergence of usufruct right, objects that can be the subject of usufruct right and characteristics of the right, , rights and obligations of usufruct right holder, acquisition of usufruct right, termination of usufruct right. | ||||||||
| Course Description in Turkish | Seçmeli olarak verilen bu derste, kanuni düzenlemeler ve yargı kararları ışığında “mülkiyet kavramı, mülkiyet hakkının sağladığı yetkiler, özel mülkiyete konu olabilen mallar ve mülkiyet hakkının kapsamı, mülkiyetin çeşitleri (tek başına mülkiyet – paylı mülkiyet – elbirliği mülkiyeti); taşınır-taşınmaz mülkiyeti ve bunların iktisabı, intifa hakkının tarihçesi ve ortaya çıkışı, intifa hakkının konusu olabilen mallar ve hakkın özellikleri, intifa hakkı sahibinin hak ve yükümlülükleri, intifa hakkının tesisi, intifa hakkının sona ermesi” konuları öğretilmektedir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Knows the concept of property and the powers that the right to property provides to the right holder. 2) Learns the goods that can and cannot be subject to private property. 3) Knows the scope of the ownership and the goods that have the characteristics of integral parts and add-ons. 4) Learns the concepts of sole ownership, shared ownership and joint ownership; the establishment of shared ownership and joint ownership, the status of shareholders in shared ownership and partners in joint ownership, the consequences of the termination of shared ownership and joint ownership. 5) Learns the ways in which the ownership of movable and immovable property is acquired. 6) Learns the emergence and history of the right of usufruct. 7) Knows what kind of goods the usufruct right can be established on, whether it is possible to establish usufruct right on goods (rights) that do not have physical existence, and the discussions on this issue. 8) Knows the characteristics of the usufruct right, the powers provided to the right holder and the obligations imposed; also knows the rights and duties of the owner of the property. 9) Learns how the right of usufruct is acquired and when it is elapsed. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 |
|---|---|---|---|---|---|---|---|---|---|
| 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 | HAVVA KARAGÖZ , February 2024 |
| Course Coordinator | AKTS1 |
| Semester | Spring,Fall |
| Name of Instructor | Prof. Dr. HAVVA KARAGÖZ |
Course Contents
| Week | Subject |
| 1) | |
| 1) | OPENING LECTURE - The concept of property; active powers provided by property (use, enjoyment and disposal powers) |
| 1) | |
| 2) | Protective powers granted through ownership (detinue and prevention of seizure) |
| 3) | Goods that can and cannot be subject to private property |
| 4) | Scope of the ownership (integral parts and add-ons, acquisition and loss of these qualities) |
| 5) | Sole ownership - shared ownership - joint ownership |
| 6) | Movable and immovable property, their acquisition |
| 7) | Fundamental information on limited real rights, the principles governing them |
| 8) | History of usufruct right, goods that can be the subject to usufruct right |
| 9) | The characteristics of the usufruct right, the powers and obligations imposed on the right holder |
| 10) | The rights and duties of the owner on the property subject to usufruct right |
| 11) | Acquisition of usufruct right (acquisition by inter vivos or disposition mortis causa , legal usufruct right, acquisition by court decision) |
| 11) | Acquisition of usufruct right (acquisition by inter vivos or disposition mortis causa , legal usufruct right, acquisition by court decision) |
| 12) | Termination of the usufruct right (destruction of the property, death of the right holder, expropriation, court decision, cancellation...) |
| 13) | Presentations |
| 14) | Presentations |
| 15) | Written submission of assignments |
| 16) | Written submission of assignments |
| Required/Recommended Readings | 1) Lale Sirmen, Eşya Hukuku, Yetkin Kitapçılık 2) Kemal Oğuzman, Özer Seliçi, Saibe Oktay Özdemir, Eşya Hukuku, Filiz Kitabevi 3) Haluk Nami Nomer, Mehmet Serkan Ergüne, Eşya Hukuku, OnİkiLevha Yayınları 4) Hasan Erman, Eşya Hukuku Dersleri, DR Yayınları 5) Fikret Eren, Mülkiyet Hukuku, Yetkin Kitapçılık 6) Burak Özen, Türk Medeni Hukukunda Eşya Üzerinde İntifa Hakkı, Yetkin Kitapçılık 7) Gökçe Canarslan, İntifa Hakkının Sona Ermesi, Seçkin Yayınevi 8) Havva Karagöz Çokyaşar, İntifa Hakkının Roma Hukukundaki Gelişimi ve Türk Hukukuna Etkisi, Epigon Yayınları | ||||||||||||
| Teaching Methods | After the guidance of the lecturer and the necessary explanations and information about the course, the participation of the students to the course is ensured. The course is taught within the framework of 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 |
karagozh@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 | 52 | 2 | 2 | 56 | ||
| Total Workload | 140 | ||||||
| Total Workload/25 | 5.6 | ||||||
| ECTS | 6 | ||||||