| School/Faculty/Institute |
Graduate School |
| Course Code |
HUK 521 |
| Course Title in English |
Real Property Law |
| Course Title in Turkish |
Gayrimenkul Hukuku |
| Language of Instruction |
TR |
| Type of Course |
Flipped Classroom,Lecture |
| Level of Course |
Advanced |
| Semester |
Spring,Fall |
| 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 |
| Expected Prior Knowledge |
None |
| Co-requisites |
None |
| Registration Restrictions |
Master's Students Only |
| Overall Educational Objective |
To teach the basic concepts of real estate law, to explain the basic types of contracts encountered in practice, to explain their relations with each other, to convey the main problems encountered and the basic discussions related to them |
| Course Description |
The concept of immovable property and the elements to be registered as immovable property in the land registry (land, independent sections subject to condominium ownership, independent and permanent rights), cadastral application, land registry in general and its elements, condominium easement, condominium ownership, form in contracts that create the obligation to transfer immovable property, dissolution of co-ownership on immovable property, collusive transfers of immovable property, fiduciary transactions and pseudonym transactions, use and consequences of the right of pre-emption, right to purchase, repurchase and promise to sell immovable property, problems related to mortgages. |
| Course Description in Turkish |
Taşınmaz kavramı ve tapu siciline taşınmaz olarak kaydedilecek unsurlar (arazi, kat mülkiyetine tabi bağımsız bölümler, bağımsız ve sürekli haklar) kadastro uygulaması, genel olarak tapu sicili ve unsurları, kat irtifakı, kat mülkiyeti, taşınmaz mülkiyetinin devri borcunu doğuran sözleşmelerde şekil, taşınmaz üzerindeki ortaklığın giderilmesi, muvazaalı taşınmaz devirleri, inançlı işlemler ve nam-ı müstear, önalım hakkının kullanılması ve sonuçları, alım, geri alım ve taşınmaz satış vaadi, ipoteğe ilişkin sorunlar. |
Course Learning Outcomes and Competences
Upon successful completion of the course, the learner is expected to be able to:
1) Provides a holistic view of property law
2) To be able to deal with the main problems arising in practice in the field of property law
3) Identify the general views of doctrine and jurisprudence in controversial areas
4) Can establish the interrelationship between the main issues such as cadastre, land registry, zoning applications, condominium easement and condominium ownership, real estate pledge, urban transformation
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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,Fall |
| Name of Instructor |
Prof. Dr. EKREM KURT |
Course Contents
| Week |
Subject |
| 1) |
The concept of immovable property and the elements to be registered as immovable property in the land registry (land, independent sections subject to condominium ownership, independent and permanent rights). |
| 2) |
Cadastre application. |
| 3) |
Land Registry and its elements in general. |
| 4) |
Condominium easement. |
| 5) |
Condominium ownership. |
| 6) |
The form of contracts giving rise to the obligation to transfer immovable property. |
| 7) |
Interim evaluations |
| 8) |
Dissolution of co-ownership on immovable property. |
| 9) |
Collusive transfers of immovable property. |
| 10) |
Fiduciary transactions and pseudonym transactions |
| 11) |
Use and consequences of the right of pre-emption. |
| 12) |
Purchase, repurchase, and promise of sale of immovable property. |
| 13) |
Problems related to mortgages |
| 14) |
End of term evaluations |
| 15) |
Submission of the written assignments |
| 16) |
Submission of the written assignments |
| Required/Recommended Readings | Oğuzman/Seliçi Eşya Hukuku; Tekinay/Akman/Burcuoğlu/Altop, Tekinay Eşya Hukuku; Lale Sirmen, Eşya Hukuku, Jale G. Akipek, Eşya Hukuku, theses and monographs, articles (non-standard sources such as av.tr etc. are not valid). |
| Teaching Methods | Oral lectures, seminar presentations, case law analyses. |
| Homework and Projects | Seminar writing and presentation.
Oral expression and visual presentation methods are used together.
In cases where a disciplinary investigation is required, the YÖK Student Disciplinary Regulations will be applied. |
| Laboratory Work | |
| Computer Use | |
| Other Activities | |
| Assessment Methods |
| Assessment Tools |
Count |
Weight |
| Presentation |
1 |
% 40 |
| Final Examination |
1 |
% 60 |
| TOTAL |
% 100 |
|
| Course Administration |
kurte@mef.edu.tr
kurte@mef.edu.tr |