Information Package / Course Catalogue
| Law | |||||
| Bachelor | Length of the Programme: 4 | Number of Credits: 240 | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF: Level 6 |
Ders Genel Tanıtım Bilgileri
| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 316 | ||||
| Course Title in English | Law of Property II | ||||
| Course Title in Turkish | Eşya Hukuku II | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Advanced | ||||
| Semester | Spring | ||||
| 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 about the Turkish Property Law system by examining the provisions of legal institutions such as property, 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 and legal regime regarding different types of ownership and limited real rights. | ||||
| Course Description in Turkish | Bu ders, Türk Eşya Hukuku'nun genel kavramları hakkında bilgi vermeyi amaçlamaktadır. Öğrenciler, farklı mülkiyet türleri ve sınırlı ayni haklara ilişkin genel ilkeleri ve yasal rejimi öğreneceklerdir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understands the regulations regarding the ownership of movable property, learns the content of the right and how it can be acquired and lost. 2) Understands the legulations regarding the ownership of immovable property, learns the content of the right and how it can be acquired and lost. 3) Learns the limited real rights by discussing the views of the doctrine. 4) Learns the pledge rights by discussing the views of the doctrine. |
| 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. |
Relation to Program Outcomes and Competences
| 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 | Spring |
| Name of Instructor | Assoc. Prof. Dr. DORUK GÖNEN |
Course Contents
| Week | Subject |
| 1) | Movable Property: Types of acquisition of movable property, original acquisition and acquisition by transfer, termination of ownership |
| 2) | Acquisition of Immovable Property: Types of acquisition of immovable property, original acquisition and acquisition by transfer, acquisition by registration |
| 3) | Acquisition of Immovable Property - II: Acquisition of immovable property without registration |
| 4) | Loss of Immovable Property: Termination of immovable property |
| 5) | Scope of Immovable Property: Horizontal, vertical and material scope of immovable property |
| 6) | Restrictions of Immovable Property: Restrictions of immovable property arising from public law and private law, especially the restriction of immovable property through legal transactions and annotation of restrictions to the land registry |
| 7) | Responsibility of the immovable owner: Conditions of the immovable owner's liability |
| 8) | Introduction to Limited Real Rights: General theory of limited real rights, types, order of limited real rights |
| 9) | Easements and usufruct rights: Easements attached to property and easements attached to the person, usufruct right, characteristics, establishment, legal effects and termination |
| 10) | Right of Construciton: Construction right, its characteristics, agreement to establish a construciton right, termination of the construction right |
| 11) | Principles Regarding Pledge of Immovable Property: The concept of immovable pledge within the framework of the principle of certainty, the principle of causality and the principle of fixed degree |
| 12) | Mortgage: Establishment of mortgage, characteristics, system of fixed degrees, contracts of progression to empty degrees, foreign currency mortgage |
| 13) | Mortgage-II: Extinguishment of the mortgage right |
| 14) | Movable Pledge: Types of movable pledge, principles, possessory pledge |
| 15) | Finals |
| 16) | Finals |
| Required/Recommended Readings | - Akipek, Jale / Akıntürk, Turgut / Ateş, Derya, Eşya Hukuku, Beta Basım. - Ayan, Mehmet, Eşya Hukuku I, Zilyetlik ve Tapu Sicili, Seçkin. - Ayan, Mehmet, Eşya Hukuku II, Mülkiyet, Seçkin. - Eren, Fikret, Mülkiyet Hukuku, Yetkin. - Esener, Turhan / Güven Kudret, Eşya Hukuku, Yetkin. - Nomer, Halûk Nami / Ergüne, Mehmet Serkan, Eşya Hukuku, On İki Levha. - Oğuzman, Kemal / Seliçi, Özer / Oktay-Özdemir, Saibe, Eşya Hukuku Kısaltılmış Ders Kitabı, Filiz. - Oğuzman, Kemal / Seliçi, Özer / Oktay-Özdemir, Saibe, Eşya Hukuku, Filiz Kitabevi. - Serozan, Rona, Eşya Hukuku I, Filiz. - Sirmen, Lale, Eşya Hukuku, Yetkin. 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. | ||||||||||||
| 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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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 | 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 | ||||||