| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 108 | ||||
| Course Title in English | Civil Law II: Family Law | ||||
| Course Title in Turkish | Medeni Hukuk II: Aile Hukuku | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Introductory | ||||
| Semester | Spring | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 110 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | None | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | This course deals with the second book of the Civil Code, family law. This course firstly discusses what the concept of family is, then the engagement, the establishment of the marriage union, the obligations of the spouses in the continuation of the marriage union, the representation of the marriage union and how the marriage union ends and how the property regime is regulated. On the other hand, the principles of paternity law and how paternity is regulated between the child and the mother and father and the consequences of paternity are among the topics to be covered in the course. Finally, the course will cover the principles of custody and guardianship law. | ||||
| Course Description | This course aims to enable students to learn about family law. In this respect, subjects such as engagement, marriage, divorce, consequences of divorce, kinship, custody and guardianship will be examined in detail. | ||||
| Course Description in Turkish | Bu dersin amacı öğrencilere aile hukuku alanında ayrıntılı bilgi vermektir. Bu kapsamda detaylı olarak incelenecek konular arasında nişanlanma, evlenme, boşanma, boşanmanın sonuçları, soybağı, velayet ve vesayet yer almaktadır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Upon successful completion of the course, the student is expected to 1. Learn the principles governing family law, engagement, establishment of the marriage union, general provisions of marriage and the provisions to be applied during the dissolution of marriage. 2) Upon successful completion of the course, the student is expected to 2. Gain an insight about the conditions under which family law cases (divorce, paternity cases, guardianship cases) are filed and the principles of these cases. 3) Upon successful completion of the course, the students are expected to 3. Understand kinship relations and the principles of paternity law. 4) Upon successful completion of the course, the students are expected to 4. Learns the principles of legal representation. 5) Upon successful completion of the course, students are expected to 5. Have knowledge about legal solutions to basic and current family law problems. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 1) The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | |||||
| 2) The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | |||||
| 3) The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | |||||
| 4) The ability to internalize social, scientific and ethical values while evaluating legal information. | |||||
| 5) The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | |||||
| 6) The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | |||||
| 7) The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | |||||
| 8) The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | |||||
| 9) The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | |||||
| 10) Adoption of a positive approach to the concept of lifelong learning. | |||||
| 11) The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | |||||
| 12) The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. |
| N None | S Supportive | H Highly Related |
| Program Outcomes and Competences | Level | Assessed by | |
| 1) | The ability to recognize and apply basic principles and theories of law, legal methodology, and interpretation methods. | H | Exam |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | H | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | H | Exam |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | S | Exam |
| 5) | The ability to recognize, examine and resolve legal issues with respect to general principles of law, de lege feranda and de lege lata; to take into consideration both national and international aspects of law; and to acknowledge the importance of personal conviction while making decisions. | H | Exam |
| 6) | The ability to critically analyze legal disputes, legislation, court decisions and different views in the legal science; to form his/her own opinions; to detect legal lacuna and suggest alternative solutions. | H | Participation |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | Participation |
| 8) | The ability to participate in and organize legal projects and activities as a socially responsible individual; to put his/her legal knowledge and skill to use efficiently (in the public or private sector). | N | |
| 9) | The ability to use a foreign language at least on a B2 Level on the European Language Portfolio, to follow legal developments and communicate with colleagues in that language; to use computer software and information and communication technologies necessary in the law field at an Advanced Level of the European Computer Driving License. | N | |
| 10) | Adoption of a positive approach to the concept of lifelong learning. | N | |
| 11) | The ability to understand the development, evolution, and problems of the society and to contribute to the solution of these problems by legal methods. | N | |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | N |
| Prepared by and Date | İHSAN GÜLÇİN PELİN IŞINTAN , January 2024 |
| Course Coordinator | İHSAN GÜLÇİN PELİN IŞINTAN |
| Semester | Spring |
| Name of Instructor | Asst. Prof. Dr. İHSAN GÜLÇİN PELİN IŞINTAN |
| Week | Subject |
| 1) | General introduction, The content of family law, Principles governing family law, The concept of engagement and its legal nature, Rules applied to engagement, Termination of engagement and compensation |
| 2) | The legal nature of marriage, the conditions required for the realisation of marriage and the legal reasons to prohibit marriage act, the formal conditions of marriage |
| 3) | The inexistence of marriage, nullity of marriage (Absolute nullity and relative nullity cases) |
| 4) | General rules applied to the marriage, representation and protection of the marriage union, freedom of exercise of legal rights of spouses and its limitations, the concept of family residence |
| 5) | Termination of marriage and divorce, special and general reasons for divorce |
| 6) | Divorce and separation case, legal consequences of divorce and compensation |
| 7) | Property regimes in marriage union, General provisions of property regime law, Legal and optional property regimes |
| 8) | Midterms |
| 9) | Legal Property Regime and its Liquidation |
| 10) | Principles of paternity law, Establishment of maternity and paternity with the child's mother and father Establishment of maternity and paternity through adoption |
| 11) | Provisions of maternity and paternity |
| 12) | Concept of legal representation, concept of custody, execution of custody, provisions and termination of custody |
| 13) | Principles of guardianship law, conditions of guardianship and execution of guardianship, termination of guardianship |
| 14) | Trusteeship and legal counselling, Responsibility of guardianship institutions |
| Required/Recommended Readings | Required Readings: At least one of the following books is required. - Akıntürk, Turgut/ Ateş-Karaman, Derya: Aile Hukuku, İstanbul (son baskı). Dural, Mustafa/ Öğüz, Tufan/ Gümüş, Alper: Türk Özel Hukuku Cilt III: Aile Hukuku, İstanbul(son baskı). - Erdem, Mehmet: Aile Hukuku, İstanbul(son baskı). - Kılıçoğlu, M. Ahmet: Aile Hukuku, Ankara (son baskı). - Öztan, Bilge: Aile Hukuku, Ankara (son baskı). Aside from these books, all content uploaded to the BB page of the course are required materials. - Aydın Şafak, Ayşe: Feminist Bir Bakışla Türk Aile Hukukunda Kadın Bedeni, İstanbul (son baskı) Recommended materials: - Berk Kapancı / Başak Başoğlu, Aile Hukuku Pratik Çalışmaları, İstanbul(son baskı). - Aslı Makaracı/Seda Öktem Çevik/Gülen Sinem Tek/Deren Gündüz, Aile Hukuku Pratik Çalışma Kitabı, İstanbul(son baskı). - Serap Helvacı/Gediz Kocabaş, Medeni Hukuk Pratik Çalışmaları, (son baskı). - Özlem Tüzüner, Aile Hukuku Pratik Çalışmaları, İstanbul(son baskı). - Oğuzman/Aybay/Sarı, Medeni Hukuk Pratik Çalışmaları, İstanbul(son baskı). - Zevkliler/Havutçu/Gürpınar/Cumalıoğlu/Albaş/Serdar/Acabey, Medeni Hukuk Pratik Çalışmaları, Ankara (son baskı). - Ünal/Aral/Başpınar/Ozanoğlu/Aktürk, Medeni Hukuk Pratik Çalışmaları (son baskı) | ||||||||||||
| Teaching Methods | Theoretical evaluation of the subjects during lectures, followed by analysis of court cases and case studies. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
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| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
isintanp@mef.edu.tr +902123953600 Office: MEF University Office (5th floor) Office Hours: By appointment |
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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 | 1 | 4 | 1 | 84 | ||
| Midterm(s) | 1 | 8 | 1 | 9 | |||
| Final Examination | 1 | 16 | 1 | 17 | |||
| Total Workload | 110 | ||||||
| Total Workload/25 | 4.4 | ||||||
| ECTS | 4 | ||||||