| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 206 | ||||
| Course Title in English | Law of Obligations: General Provisions II | ||||
| Course Title in Turkish | Borçlar Hukuku Genel Hükümler II | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Spring | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 100 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 | Only Undergraduate Students | ||||
| Overall Educational Objective | Students will learn torts and unjust enrichment as sources of obligations and special matters regarding obligations. | ||||
| Course Description | This course aims to provide students with extended knowledge on torts and unjust enrichment as sources of obligations. In the second part of the course, students will be taught on the effects of obligations on third parties, joint and several liability for an obligation, obligations on condition, penalty clauses, the assignment of claims and assumption of obligations, as well as the assignment of contract, contract. | ||||
| Course Description in Turkish | Ders kapsamında ilk olarak öğrencilere haksız fiilden ve sebepsiz zenginleşmeden doğan borçlar açıklanacaktır. Dersin ikinci bölümünde ise özellik arz eden borç ilişkileri incelenecek, bu kapsamda özellikle borcun üçüncü kişilere etkileri, müteselsil borçluluk ve alacaklılık, koşul kavramı, ceza koşulu, alacağın ve sözleşmenin devri, borcun üstlenilmesi ve nakli, borca ve sözleşmeye katılma kurumları ele alınacaktır. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Learns the basic concepts of tort, unjust enrichment, joint and several liability for an obligation, obligations on condition, bargain money, forfeit money, penalty clauses, assignment of claims and assumption of obligation. 2) Can discuss the content of the provisions regarding the debts arising from tort and unjust enrichment and the special matters regarding obligations, and able to answer text questions in this context. 3) Can determine the legal problems that may arise in concrete cases regarding the debts arising from tort and unjust enrichment and special matters regarding obligations and apply the relevant provision. 4) Evaluate and criticise the results arising from the application of the provisions regarding tort and unjust enrichment and special matters regarding obligations. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 |
|---|---|---|---|---|
| 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. | S | Exam |
| 2) | The ability to follow, evaluate, interpret and apply the current developments and legislative amendments. | S | Exam |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | N | |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | N | |
| 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. | S | 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 | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | N | |
| 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 | BAKİ İLKAY ENGİN , January 2024 |
| Course Coordinator | BAKİ İLKAY ENGİN |
| Semester | Spring |
| Name of Instructor | Assoc. Prof. Dr. DORUK GÖNEN |
| Week | Subject |
| 1) | Introduction to Torts and Conditions of Liability-I |
| 2) | Conditions of Tort Liability-II |
| 3) | Liability for Immoral Acts and Pecuniary Damages |
| 4) | Liability without fault-1: General overview, liability of employer, liability of animal handlers, liability of owners of buildings and other structures, general hazard liability |
| 5) | Liability without fault-2: Liability of those who do not have the power of judgement, liability for damages in case of necessity, the operator's faultless liability according to the Highway Traffic Law |
| 6) | Liability without fault-2: Liability of those who do not have the power of judgement, liability for damages in case of necessity, the operator's faultless liability according to the Highway Traffic Law |
| 7) | Non-pecuniary damages and Joint Liability |
| 8) | Unjust Enrichment-1: Unjust enrichment as a result of performance |
| 9) | Unjust Enrichment-1: Unjust enrichment as a result of performance |
| 10) | Unjust Enrichment-2: Unjust enrichment other than performance |
| 11) | Contract for the Benefit of a Third Party and Undertaking the Act of a Third Party |
| 12) | joint and several liability for an obligation |
| 13) | Condition and Penalty Clauses |
| 14) | assignment of claims and assumption of obligations |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | - Serozan, Rona: Kocayusufpaşaoğlu / Hatemi / Serozan / Arpacı Borçlar Hukuku Genel Bölüm Üçüncü Cilt, İfa, İfa Engelleri, Haksız Zenginleşme, Filiz Kitabevi(last edition). - Oğuzman, M. Kemal / Öz, M. Turgut: Borçlar Hukuku Genel Hükümler Cilt 2, Vedat Yayıncılık(last edition). - Nomer, Haluk N.: Borçlar Hukuku Genel Hükümler, Beta Yayınevi(last edition). - Eren, Fikret: Borçlar Hukuku Genel Hükümler, Yetkin Yayınevi(last edition). - Kılıçoğlu, Ahmet: Borçlar Hukuku Genel Hükümler, Turhan Kitabevi(last edition). - Develioğlu, Murat / Pichonnaz, Pascal / Tercier, Pierre : Borçlar Hukuku - Genel Hükümler, On İki Levha Yayıncılık(last edition). - Engin, Baki İlkay / Önay, Işık / Ünver, Tülay A., Borçlar Hukuku Pratik Çalışmaları, On İki Levha Yayıncılık(last edition). - Helvacı, Serap / Kocabaş, Gediz, Borçlar Hukuku Genel Hükümler Pratik Çalışmaları, Legal Kitabevi(last edition). - Kılıçoğlu, Ahmet: Borçlar Hukuku Genel Hükümler Pratik Çalışmaları, Turhan Kitabevi(last edition). - Yüce, Melek Bilgin, Borçlar Hukuku Genel Hükümler Pratik Çalışmaları, Vedat Yayıncılık(last edition). | ||||||||||||
| Teaching Methods | Theoretical lecture, evaluation of court decisions on the subject and case studies. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
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 | 70 | |||
| Midterm(s) | 1 | 10 | 2 | 12 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 100 | ||||||
| Total Workload/25 | 4.0 | ||||||
| ECTS | 4 | ||||||