Information Package / Course Catalogue
HUK 638 The Concept of Possession from Roman Law to the Present-Day
MEF University
Degree Programs
Private Law
General Information For Students
Diploma SupplementErasmus Policy Statement
Private Law
PhD Length of the Programme: 4 Number of Credits: 240 TR-NQF-HE: Level 8 QF-EHEA: Third Cycle EQF: Level 8

Ders Genel Tanıtım Bilgileri

School/Faculty/Institute Graduate School
Course Code HUK 638
Course Title in English The Concept of Possession from Roman Law to the Present-Day
Course Title in Turkish Roma Hukukundan Günümüze Zilyetlik
Language of Instruction TR
Type of Course Lecture
Level of Course Advanced
Semester Spring,Fall
Contact Hours per Week
Lecture: 3 Recitation: Lab: Other:
Estimated Student Workload 188 hours per semester
Number of Credits 7.5 ECTS
Grading Mode Standard Letter Grade
Pre-requisites None
Expected Prior Knowledge None
Co-requisites None
Registration Restrictions Doctoral Students Only
Overall Educational Objective To be able to understand the basic information on the concept of possession, the historical development of the concept in Roman law and its place in the law of property, comparatively within the framework of Roman law texts and legal regulations, to acquire in-depth knowledge on these subjects and to use this information in a professional manner.
Course Description In this elective course, within the framework of Roman law texts, legal regulations and judicial decisions the following subjects will be thought comparatively, "the concept of possession in general, the elements and legal nature of possession, the emergence of the concept of possession in Roman law, the concept of possession in Roman law and Turkish law, the functions of possession, possession over goods and rights, types of possession, acquisition of possession, protection of possession, possessor’s obligation to return the asset and its scope, termination of possession."
Course Description in Turkish Seçmeli olarak verilen bu derste, Roma hukuku metinleri, kanuni düzenlemeler ve yargı kararları çerçevesinde “genel olarak zilyetlik kavramı, zilyetliğin unsurları ve hukuki niteliği, Roma hukukunda zilyetlik kavramının doğuşu, Roma hukuku ve Türk hukukunda zilyetlik kavramı, zilyetliğin işlevleri, eşyalar ve haklar üzerinde zilyetlik, zilyetliğin çeşitleri, zilyetliğin kazanılması, zilyetliğin korunması, zilyedin malı iade borcu ve kapsamı, zilyetliğin sona ermesi” konuları karşılaştırmalı olarak öğretilecektir.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Understand the historical development, definition, elements and legal nature of the concept of property.
2) The effect of possession to clarify rights and the function of acquiring rights in movable and immovable property.
3) Know and understand the various distinctions of possession (sole possession - joint possession; primary possession - secondary possession; direct possession - indirect possession; possession of goods - possession of rights; possession by right - possession not by right; possession in the capacity of owner - possession in another capacity; possession in one's own name - possession in the name of another and assistants in possession).
4) Knows the ways of original and transfer acquisition of possession; understands the cases in which possession is acquired with or without delivery (short hand-over, delivery by judgement, transfer of possession, transfer of documents representing the goods, acquisition by inheritance).
5) Understand the principles of the protection of possession, both independently of the underlying right and on the basis of a presumption of a right.
6) Understand the obligation of the bona fide and bad faith possessor to return the goods and the scope of this obligation.
7) Knows how the possession is terminated and its consequences.
Program Learning Outcomes/Course Learning Outcomes 1 2 3 4 5 6 7
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Relation to Program Outcomes and Competences

N None S Supportive H Highly Related
     
Program Outcomes and Competences Level Assessed by
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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) OPENING LECTURE - Elements of possession, its legal nature and comparison with the concept of property
2) The origin of the concept of possession in Roman law, historical development, possession and detentio
3) Possession in Turkish Law, Distinctions in Possession (1): Individual Possession - Joint Possession (Collective Possession, Graded Possession); Primary Possession - Secondary Possession; Direct Possession - Indirect Possession
4) Possession distinctions (2): Possession of things - Possession of rights; Possession based on rights - Possession not based on rights; Possession as owner - Possession in another capacity; Possession in one's own name - Possession in the name of others and as assistant possessor
5) Acquisition of possession in Roman law and Turkish law, acquisition of possession in principle, acquisition of possession by transfer, acquisition of possession by delivery, the concept of traditio and its historical development, delivery between those who are ready and those who are not ready
6) Acquisition of possession by transfer without delivery (short hand delivery, delivery by judgment, transfer of possession, transfer of documents representing the goods, acquisition of possession by inheritance).
7) Protection of possession (1): Protection of possession irrespective of the underlying right (right of the possessor to use force, actions for possession and administrative remedies).
8) Protection of possession (2): Protection of possession on the basis of the presumed underlying right (presumptions of law arising from possession)
9) Duty of the possessor to return the goods (duty of the possessor in good faith and in bad faith)
10) Termination of possession
11) Studies for final assigment
12) Oral presentations
13) Oral presentations
14) Oral presentations
15) Written submission of assignments
16) End of term evaluations
Required/Recommended Readings1) 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) Osman Gökhan Antalya, Eşya Hukuku, Cilt IV, Seçkin Yayınları 6) Mehmet Ayan, Eşya Hukuku -I (Zilyetlik ve Tapu Sicili), Adalet Yayınları 7) Hasan Özkan, Türk Medeni Yasası ve Uygulaması Cilt VII, Legal Yayıncılık, 8) Havva Karagöz, Traditio (Teslim)’nun Tarihsel Gelişimi ve Constitutum Possessorium, DER Yayınları 9) Salvatore Di Marzo, Roma Hukuku 10) Paul Koschaker, Roma Hukukunun Ana Hatları 11) Bülent Tahiroğlu – Belgin Erdoğmuş, Roma Hukuku Dersleri, Legal Yayıncılık 12) Ziya Umur, Roma Hukuku Dersleri, Beta
Teaching MethodsThe students' participation in the course is ensured after the teacher's guidance and the necessary explanations and information about the course. The course is taught through seminar assignments and presentations prepared by the students.
Homework and Projects
Laboratory Work
Computer Use
Other Activities
Assessment Methods
Assessment Tools Count Weight
Homework Assignments 1 % 60
Presentation 1 % 40
TOTAL % 100
Course Administration karagozh@mef.edu.tr

karagozh@mef.edu.tr Academic spelling rules must be observed when preparing assignments. Recording is prohibited in the course. Violation of ethical rules and plagiarism will not be tolerated and if found, the student will fail the course. In addition, the situation will be reported to the Graduate School. Cheating or plagiarism will be subject to the provisions of Article 54 of the Higher Education Law No. 2547.

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 3 2 98
Laboratory 7 0 2 1 21
Presentations / Seminar 3 10 1 33
Homework Assignments 3 10 1 1 36
Total Workload 188
Total Workload/25 7.5
ECTS 7.5