School/Faculty/Institute Graduate School
Course Code HUK 527
Course Title in English Preliminary Injunctions in Civil Procedure Law
Course Title in Turkish Medenî Usûl Hukukunda Güncel Gelişmeler
Language of Instruction TR
Type of Course 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 Student Only
Overall Educational Objective The course will ensure that students at master's level acquire in-depth knowledge of civil procedure through research into recent legislative changes, recent decisions of the Court of Cassation and doctrinal debates.
Course Description Within the scope of this course, the effect of legal debates in other legal systems on our civil procedure law, the new regulations made in this direction and the judgements of the Court of Cassation will be discussed.
Course Description in Turkish Bu dersin kapsamı içerisinde diğer hukuk sistemlerinde yapılan hukuki tartışmaların Medenî Usûl Hukukumuza etkisi, bu doğrultuda yapılan yeni düzenlemeler ile Yargıtay uygulamaları üzerinde durulacaktır.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Analyse current debates in civil procedure at postgraduate level and be able to evaluate these debates.
2) Knows the current decisions of the Court of Cassation on controversial issues in the field of civil procedure, analyses and evaluates these decisions at postgraduate level.
3) Conduct doctrinal research in the field of civil procedural law at postgraduate level and acquire the ability to communicate these findings.
4) Acquire the ability to apply current debates in the field of civil procedural law to concrete cases in practice.
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. H Exam,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. 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 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
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. S HW
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 ÇİĞDEM YAZICI ,
Course Coordinator AKTS1
Semester Spring,Fall
Name of Instructor Assoc. Prof. Dr. ÇİĞDEM YAZICI

Course Contents

Week Subject
1) Types of claims and evaluation of decisions of the Court of Cassation on types of claims
2) Types of claims and evaluation of decisions of the Court of Cassation on types of claims
3) Types of claims and evaluation of decisions of the Court of Cassation on types of claims
4) Types of claims and evaluation of decisions of the Court of Cassation on types of claims
5) Evaluation of the concepts of party, party capacity, litigation capacity (locus standi) and standing (capacity to sue) in the case within the framework of the current decisions of the Court of Cassation
6) Evaluation of the concepts of party, party capacity, litigation capacity (locus standi) and standing (capacity to sue) in the case within the framework of the current decisions of the Court of Cassation
7) Evaluation of the concepts of party, party capacity, litigation capacity (locus standi) and standing (capacity to sue) in the case within the framework of the current decisions of the Court of Cassation
8) Evaluation of the concepts of party, party capacity, litigation capacity (locus standi) and standing (capacity to sue) in the case within the framework of the current decisions of the Court of Cassation
9) Evaluation of Preliminary Injunction Decisions within the Framework of Current Court of Cassation Decisions
10) Evaluation of Preliminary Injunction Decisions within the Framework of Current Court of Cassation Decisions
11) Evaluation of Preliminary Injunction Decisions within the Framework of Current Court of Cassation Decisions
12) Evaluation of Preliminary Injunction Decisions within the Framework of Current Court of Cassation Decisions
13) Evaluation of Arbitration and Annulmant Decisions According to the Code of Civil Procedure within the Framework of the Court of Cassation Judgements
14) Evaluation of Arbitration and Annulmant Decisions According to the Code of Civil Procedure within the Framework of the Court of Cassation Judgements
15) Written submission of assignments
16) Written submission of assignments
Required/Recommended ReadingsReadings will be provided by the lecturer on a weekly basis.
Teaching MethodsWeekly research topics and their presentation in class, preparation of homework in article format and presentation of this homework
Homework and Projects
Laboratory Work
Computer Use
Other Activities
Assessment Methods
Assessment Tools Count Weight
Presentation 1 % 40
Final Examination 1 % 60
TOTAL % 100
Course Administration yazicic@mef.edu.tr

yazicic@mef.edu.tr Derse haftalık okumaların yapılarak gelinmesi beklenmektedir. Ödevler hazırlanırken akademik yazım kurallarına dikkat edilmesi gerekmektedir. Derste kayıt almak yasaktır. Etik kurallara aykırılık ve intihale müsamaha gösterilmez ve bu durumların tespiti halinde öğrenci dersten başarısız olur. Ayrıca durum Ensititü’ye bildirilir. 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 20 1 2 23
Homework Assignments 1 28 1 2 31
Total Workload 138
Total Workload/25 5.5
ECTS 6