| School/Faculty/Institute | Graduate School | ||||
| Course Code | HUK 627 | ||||
| Course Title in English | Güncel Yargı Kararları Işığında Satış Hukukunda Ayıptan Doğan Sorumluluk | ||||
| Course Title in Turkish | Güncel Yargı Kararları Işığında Satış Hukukunda Ayıptan Doğan Sorumluluk | ||||
| 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 | 188 hours per semester | ||||
| Number of Credits | 7.5 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Co-requisites | None | ||||
| Expected Prior Knowledge | None | ||||
| Registration Restrictions | PhD Students Only | ||||
| Overall Educational Objective | The course aims to evaluate the regulations and judicial decisions on the seller's liability for defects in the contract of sale in the Turkish Code of Obligations No. 6098 in the context of current developments in doctrine and comparative law, and thus to improve the theoretical knowledge and practical skills of the students. | ||||
| Course Description | This course aims to study the seller’s liability for non-conformity of the goods theoretically as well as practically. In this respect, first part of the course is designed to overview the preconditions and consequences of seller’s liability arising from non-conformity of the goods in light of the Turkish Code of Obligations’ relevant provisions and make a general assessment thereof. In the second part of the course, each student will be asked to prepare a paper in which they will assess current court decisions on a specific subject. While preparing the paper, students must benefit from the doctrine and current developments in comparative sales law and they should also provide their opinions on the given subject. Papers prepared by students will then be presented in class, where they will be thoroughly assessed; through which seller’s liability for non-conformity of the goods will be evaluated in light of the current jurisprudence. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Knows the provisions regarding liability for defects in the sales contract. 2) Understands the current debates in the doctrine of liability for defects, and forms and expresses their own opinions. 3) Follows the judicial decisions on liability for defects. 4) Follows comparative law on liability for defects. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 1) Develops and deepens current and advanced knowledge of concepts, institutions and methods in the field of private law and its sub-disciplines at the level of expertise through original thought and / or research, and reaches original definitions and qualifications that contain innovation regarding these concepts, institutions and methods. | ||||
| 2) Analyzes and evaluates the theories and practices in the field of private law and its sub-disciplines by using the knowledge at the level of research and/or expertise, and reaches new and original conclusions and ideas based on these. | ||||
| 3) Evaluates and uses the research and/or specialized knowledge acquired in the field of private law and its sub-disciplines with a theoretical and systematic approach. | ||||
| 4) Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or researches and diagnoses a new concept or institution from an original perspective. | ||||
| 5) Develops solution proposals for legal policy based on theoretical and practical knowledge. | ||||
| 6) Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or contributes to legal theory and practice by independently conducting an original study that investigates a new concept or institution from an original perspective. | ||||
| 7) Contributes to the development of legal theory and practice by publishing at least one scientific article in national or international refereed and/or reputable journals specific to the field of law and/or producing an original work. | ||||
| 8) Develops new ideas and methods in the field of private law and its sub-disciplines by using high-level mental processes such as creative and critical thinking, problem solving and decision making. | ||||
| 9) Defends his/her original views in the discussion of issues related to these fields with experts in the field of private law and its sub-disciplines and establishes effective communication that demonstrates his/her competence in the field. | ||||
| 10) To be able to follow the information in the field of law and communicate and discuss with colleagues by using a foreign language at least at the European Language Portfolio C1 General Level. | ||||
| 11) Establishes functional interaction by using strategic decision-making processes in solving problems arising from the theory and practice of law and affecting social life. | ||||
| 12) It carries out activities in order to spread the understanding of honesty, justice and ethics required by being a lawyer and to make it dominant in the society. | ||||
| 13) By introducing the values in the field of law to the society, it contributes to the establishment and sustainability of the awareness of law and justice in society. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | Develops and deepens current and advanced knowledge of concepts, institutions and methods in the field of private law and its sub-disciplines at the level of expertise through original thought and / or research, and reaches original definitions and qualifications that contain innovation regarding these concepts, institutions and methods. | H | HW,Presentation |
| 2) | Analyzes and evaluates the theories and practices in the field of private law and its sub-disciplines by using the knowledge at the level of research and/or expertise, and reaches new and original conclusions and ideas based on these. | H | HW,Presentation |
| 3) | Evaluates and uses the research and/or specialized knowledge acquired in the field of private law and its sub-disciplines with a theoretical and systematic approach. | H | HW,Presentation |
| 4) | Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or researches and diagnoses a new concept or institution from an original perspective. | H | HW,Presentation |
| 5) | Develops solution proposals for legal policy based on theoretical and practical knowledge. | H | HW,Presentation |
| 6) | Evaluates an existing concept or institution in the field of private law and its sub-disciplines with a new thought, approach or method, or contributes to legal theory and practice by independently conducting an original study that investigates a new concept or institution from an original perspective. | H | HW,Presentation |
| 7) | Contributes to the development of legal theory and practice by publishing at least one scientific article in national or international refereed and/or reputable journals specific to the field of law and/or producing an original work. | N | |
| 8) | Develops new ideas and methods in the field of private law and its sub-disciplines by using high-level mental processes such as creative and critical thinking, problem solving and decision making. | H | HW,Participation,Presentation |
| 9) | Defends his/her original views in the discussion of issues related to these fields with experts in the field of private law and its sub-disciplines and establishes effective communication that demonstrates his/her competence in the field. | H | HW,Participation,Presentation |
| 10) | To be able to follow the information in the field of law and communicate and discuss with colleagues by using a foreign language at least at the European Language Portfolio C1 General Level. | N | |
| 11) | Establishes functional interaction by using strategic decision-making processes in solving problems arising from the theory and practice of law and affecting social life. | N | |
| 12) | It carries out activities in order to spread the understanding of honesty, justice and ethics required by being a lawyer and to make it dominant in the society. | N | |
| 13) | By introducing the values in the field of law to the society, it contributes to the establishment and sustainability of the awareness of law and justice in society. | S | HW,Presentation |
| Prepared by and Date | BAKİ İLKAY ENGİN , February 2024 |
| Course Coordinator | AKTS1 |
| Semester | Spring,Fall |
| Name of Instructor | Prof. Dr. BAKİ İLKAY ENGİN |
| Week | Subject |
| 1) | An overview of the provisions on the seller's liability for defects under the TCO |
| 2) | Material and Formal Conditions of Liability for Defects (General Information) |
| 3) | Consequences of Liability for Defects (General Information) |
| 4) | The material conditions of liability for defects, in particular the concept of defect and types of defects |
| 5) | Formal conditions of liability for defects I: Burden of examination |
| 6) | Formal conditions of liability for defect II: Burden of notification |
| 7) | Agreements limiting liability for defects |
| 8) | Optional rights of the buyer, limitation of the exercise of optional rights of the buyer |
| 9) | Liability for defect overlapping with other provisions |
| 10) | Liability of the producer for damage caused by defects |
| 11) | Contractual guarantees |
| 12) | Liability for defects in consumer sales |
| 13) | Liability for defects in commercial sales |
| 14) | Liability for defects in international sales |
| 15) | Written submission of assignments |
| 16) | Written submission of assignments |
| Required/Recommended Readings | Aral, Fahrettin / Ayrancı, Hasan, Borçlar Hukuku Özel Hükümler, Ankara (son baskı). Aydoğdu, Murat / Kahveci, Nalan, Türk Borçlar Hukuku Özel Borç İlişkileri, İzmir (son baskı). Engin, Baki İlkay / Nomer, Haluk N., Türk Borçlar Kanunu Şerhi Özel Borç İlişkileri C. 1 Satış Sözleşmesi, Seçkin(son baskı). Eren, Fikret, Borçlar Hukuku Özel Hükümler, Ankara(son baskı). Gümüş, Alper, Borçlar Hukuku Özel Hükümler – Ders Kitabı, İstanbul(son baskı). Gümüş, Alper, Borçlar Hukuku Özel Hükümler, C. I-II, İstanbul(son baskı). Kılıçoğlu, Ahmet, Borçlar Hukuku Özel Hükümler, Ankara(son baskı). Serozan, Rona/ Sanlı, Kerem Cem/ Baysal, Başak, Borçlar Hukuku Özel Bölüm, İstanbul(son baskı). Serozan, Rona, Borçlar Hukuku Özel Bölüm, İstanbul(son baskı). Tandoğan, Halûk, Borçlar Hukuku Özel Borç İlişkileri, C.I-II(son baskı). Yavuz, Cevdet/ Acar, Faruk/ Özen, Burak Borçlar Hukuku Dersleri, İstanbul(son baskı). Zevkliler, Aydın / Gökyayla, Emre, Borçlar Hukuku Özel Hükümler, Ankara(son baskı) | |||||||||||||||
| Teaching Methods | Lectures are supported by seminar assignments and presentations prepared by students in the form of decision analyses. | |||||||||||||||
| Homework and Projects | The final grade will be based on the student's participation and contribution to the course, the homework they prepare and the presentation they make in the form of a decision evaluation. The distribution will be as follows: Selection of the decision, preparation of a short summary, determination of the assignment plan, and the sources to be used - 30%. Prepared final assignment and its presentation - 35%. Attendance and participation in class - 35% | |||||||||||||||
| Laboratory Work | ||||||||||||||||
| Computer Use | ||||||||||||||||
| Other Activities | Attendance is compulsory. If assignments are not submitted on time and presentation obligations are not fulfilled without an excuse, the student will not be evaluated. In cases where disciplinary action is required, the YÖK Student Disciplinary Regulations will be applied. | |||||||||||||||
| Assessment Methods |
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| Course Administration |
engini@mef.edu.tr engini@mef.edu.tr |
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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 | 3 | 2 | 98 | ||
| Laboratory | 7 | 0 | 2 | 1 | 21 | ||
| Presentations / Seminar | 3 | 8 | 1 | 27 | |||
| Homework Assignments | 3 | 12 | 1 | 1 | 42 | ||
| Total Workload | 188 | ||||||
| Total Workload/25 | 7.5 | ||||||
| ECTS | 7.5 | ||||||