| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 305 | ||||
| Course Title in English | Commercial Law I: General Provisions/Commercial Enterprise/Valuable Instruments | ||||
| Course Title in Turkish | Ticaret Hukuku I: Genel Hükümler/Ticari İşletme /Kıymetli Evrak | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Fall | ||||
| 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 | Civil Law, Law of Obligations | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | Students will learn the general principles of the law of commercial enterprises and negotiable instruments. | ||||
| Course Description | Commercial enterprises, commercial transactions, merchants and rules applicable to them, commercial provisions, commercial courts and their jurisdiction, trade and enterprise name, unfair competition, merchant assistants; general principles of the law of negotiable instruments, promissory notes, bills of exchange, and checks. | ||||
| Course Description in Turkish | Ticari işletme, ticari iş, tacir ve bunlara uygulanacak hükümler, ticari hükümler, ticari yargı, ticaret unvanı ve işletme adı, haksız rekabet, tacir yardımcıları, kıymetli evrak hukukunun genel ilkeleri, bono, poliçe, çek. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the concepts of commercial enterprise, merchant, commercial transaction, commercial litigation. 2) Determines the scope of application of commercial provisions and evaluates whether they apply in the case in question. 3) Understands the concept of negotiable instruments, compares them to ordinary documents. 4) Learns the types of negotiable instruments and provisions related to them and gains the ability to apply them in the case in question. |
| 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. | 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 | Exam |
| 7) | The ability to understand issues regarding different fields of law; to characterize and propose solutions to complex issues arising from legal practice. | H | Exam |
| 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. | H | Exam |
| 12) | The ability to understand the structure, organization, and functioning of law on the national and international level; to contribute to the development thereof. | S | Exam |
| Prepared by and Date | FATMA BERİL ÖZCANLI , January 2024 |
| Course Coordinator | FATMA BERİL ÖZCANLI |
| Semester | Fall |
| Name of Instructor | Asst. Prof. Dr. FATMA BERİL ÖZCANLI |
| Week | Subject |
| 1) | Introduction and fundamental concepts, scope and meaning of commercial law |
| 2) | Definition and elements of commercial enterprise, transfer of and pledge on commercial enterprises, concepts of center and branch |
| 3) | Commercial transactions and their legal consequences |
| 4) | Merchants, provisions related to and consequences of the merchant status |
| 5) | Trade name and enterprise name, trade registry, commercial books, commercial disputes, current accounts |
| 6) | Unfair competition |
| 7) | Unfair competition and its consequences |
| 8) | Merchant assistants, commercial representative, commercial proxy, broker, commission agent |
| 9) | Merchant assistants (continued): Concept of agency, provisions governing the agency relationship, consequences of termination of agency |
| 10) | Concept and types of negotiable instruments; nominative, bearer and promissory bonds to order bearer promissory |
| 11) | Cancellation of negotiable instruments, general characteristics of commercial bills, bills of exchange |
| 12) | Bills of exchange, fundamental concepts related to the law of commercial papers, payment, non-payment and its consequences |
| 13) | Bonds, differences compared to bills of exchange, payment and consequences of non-payment |
| 14) | Cheques, provisions of the Law on Cheques, fundamental features of the cheque, consequences of non-payment |
| Required/Recommended Readings | The following resources are recommended as optional materials. Students can follow the course from their preferred material. Sabih Arkan, Ticari İşletme Hukuku, the last edition. Reha Poroy/Hamdi Yasaman, Ticari İşletme Hukuku, the last edition. Hüseyin Ülgen/Mehmet Helvacı/Arslan Kaya/N. Füsun Nomer Ertan, Ticari İşletme Hukuku, the last edition. Hüseyin Ülgen/Mehmet Helvacı/Arslan Kaya/Füsun Nomer Ertan, Kıymetli Evrak Hukuku, the last edition. Reha Poroy/Ünal Tekinalp, Kıymetli Evrak Hukuku Esasları, the last edition. Abuzer Kendigelen/İsmail Kırca, Kıymetli Evrak Hukuku, the last edition. Ersin Çamoğlu, Kıymetli Evrak Hukukunun Temel İlkeleri, the last edition. Abuzer Kendigelen, Çek Hukuku, the last edition. Fırat Öztan, Kıymetli Evrak Hukuku, the last edition. Ömer Teoman/Abuzer Kendigelen, Ticaret Hukuku Uygulamalı Ders Örnekleri, the last edition. | ||||||||||||
| Teaching Methods | The lectures will be taught in a way to support student participation via in-class discussions on relevant legislation and court cases. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
ozcanlib@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 | 1 | 4 | 70 | |||
| Application | 4 | 2 | 2 | 16 | |||
| Midterm(s) | 1 | 10 | 2 | 12 | |||
| Final Examination | 1 | 10 | 2 | 12 | |||
| Total Workload | 110 | ||||||
| Total Workload/25 | 4.4 | ||||||
| ECTS | 4 | ||||||