| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 315 | ||||
| Course Title in English | Law of Property I | ||||
| Course Title in Turkish | Eşya Hukuku I | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Advanced | ||||
| Semester | Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 84 hours per semester | ||||
| Number of Credits | 3 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | Students should be able to follow this course with the information they have learnt in the Basic Concepts of Civil Law, Law of Persons and Law of Obligations courses in the previous years. | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Only undergraduate students | ||||
| Overall Educational Objective | Students will learn the basic concepts of Property Law; will have detailed information regarding the Turkish Property Law system by examining the provisions of legal institutions such as possession, ownership, limited real rights. | ||||
| Course Description | This course aims at providing knowledge on the general concepts of Turkish Property Law. The students will learn general principles regarding possession, rules related to the land registry, ownership and limited real rights. | ||||
| Course Description in Turkish | Bu ders, Türk Eşya Hukukunun genel kavramları hakkında bilgi vermeyi amaçlamaktadır. Öğrenciler, zilyetliğe ilişkin genel ilkeleri, tapu siciline ilişkin kuralları, mülkiyeti ve sınırlı ayni hakları öğreneceklerdir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the basic concepts and principles of property law. 2) Learns the concept of possession, its types and the results attached to possession by discussing the opinions in the doctrine. 3) Understands the land registry system, the principles governing the land registry and the way the rights are recorded in the registry. 4) Learns the regulations on the property right and the content of the right. |
| 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. | N | |
| 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. | 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 | EKREM KURT , January 2024 |
| Course Coordinator | EKREM KURT |
| Semester | Fall |
| Name of Instructor | Prof. Dr. EKREM KURT |
| Week | Subject |
| 1) | Introduction to Property Law, Basic Concepts, Principles of Property Law |
| 2) | Possession 1: Concept, types, types of transfer of possession |
| 3) | Possession 2: Lawsuits protecting possession, Administrative protection of possession |
| 4) | Possession 3: Possession being a presumption of right, lawsuit for movables |
| 5) | Possession 4: Wrongful Possessor's Restitution Obligation |
| 6) | Land Registry 1: Basic Concepts of Land Registry, State's Responsibility of Keeping Land Registry |
| 7) | Land Registry 2: Basic Registrations to the Land Registry: Registration and Deletion |
| 8) | Land Registry 3: Other Registrations to the Land Registry: Annotations, Declarations, Opinions |
| 9) | Land Registry 4: Invalidity of Registrations made in the Land Registry, Action for Correction of Land Registry |
| 10) | Property 1: Property Right, Types, Scope, Lawsuits Related to Property Right |
| 11) | Property 2: Shared Property, Characteristics, Enjoyment from Property Subject to the Shared Property and Management of Shared Property |
| 12) | Property 3: Termination of Shared Ownership |
| 13) | Property 4: Joint Ownership, Properties, Enjoyment from Property Subject to Joint Ownership and Management of Joint Ownership |
| 14) | Property 5: Termination of Joint Ownership |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | - Akipek, Jale / Akıntürk, Turgut / Ateş, Derya, Eşya Hukuku, Beta (last edition). - Ayan, Mehmet, Eşya Hukuku I, Zilyetlik ve Tapu Sicili, Seçkin(last edition). - Ayan, Mehmet, Eşya Hukuku II, Mülkiyet, Seçkin(last edition). - Eren, Fikret, Mülkiyet Hukuku, Yetkin(last edition). - Esener, Turhan / Güven Kudret, Eşya Hukuku, Yetkin(last edition). - Nomer, Halûk Nami / Ergüne, Mehmet Serkan, Eşya Hukuku, On İki Levha(last edition). - Oğuzman, Kemal / Seliçi, Özer / Oktay-Özdemir, Saibe, Eşya Hukuku Kısaltılmış Ders Kitabı, Filiz(last edition). - Oğuzman, Kemal / Seliçi, Özer / Oktay-Özdemir, Saibe, Eşya Hukuku, Filiz Kitabevi(last edition). - Serozan, Rona, Eşya Hukuku I, Filiz(last edition). - Sirmen, Lale, Eşya Hukuku, Yetkin(last edition). Tekinay, Selahattin Sulhi / Akman, Sermet / Burcuoğlu, Halûk / Altop, Atilla, Tekinay Eşya Hukuku C. I-II,İstanbul, 1989. - Dural, Mustafa / Kurt, Ekrem, Açıklamalı Türk Medeni Kanunu ve Türk Borçlar Kanunu, Filiz Kitabevi(last edition). | ||||||||||||
| Teaching Methods | Theoretical lecture and then judicial readings and case studies on the subject | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
kurte@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 | 3 | 56 | |||
| Midterm(s) | 2 | 6 | 2 | 16 | |||
| Final Examination | 1 | 10 | 2 | 12 | |||
| Total Workload | 84 | ||||||
| Total Workload/25 | 3.4 | ||||||
| ECTS | 3 | ||||||