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 403 | ||||
| Course Title in English | Inheritance Law | ||||
| Course Title in Turkish | Miras Hukuku | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Introductory | ||||
| Semester | Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 94 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | The knowledge of the students about other areas of Civil Law that they have seen in the previous years should be at a level to follow this course. | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | Students will learn the basic concepts of inheritance law; comprehend the principles that dominate the law of inheritance; learn the legal regulations for the acquisition, sharing and protection of inheritance rights. | ||||
| Course Description | This course aims at providing students with the information on the general concepts of Turkish Inheritance Law. The students will learn the general principles governing Inheritance Law and they will gain knowledge on the acquisition of inheritance, the regime concerning legal and appointed heirs, the rules on sharing inheritance as well as the protection of rights associated with the inheritance. | ||||
| Course Description in Turkish | Bu ders öğrencilere Türk Miras Hukukunun genel kavramları hakkında bilgi vermeyi amaçlamaktadır. Öğrenciler Miras Hukukuna hakim olan genel ilkeleri öğrenecek ve mirasın kazanılması, yasal ve atanmış mirasçılara ilişkin rejim, mirasın paylaşılmasına ilişkin kurallar ve mirasa ilişkin hakların korunması konularında bilgi sahibi olacaklardır. |
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 students are expected to 1.Understand the basic concepts and the principles of inheritance law. 2) Upon successful completion of the course, the students are expected to 2. Learn the concepts of legal and voluntary heirship and determines their differences. 3) Upon successful completion of the course, the students are expected to 3. Learns the compulsory right of inheritance, reserved shares and protection cases and gains relevant practical knowledge. 4) Upon successful completion of the course, the students are expected to 4. Learns and discusses the provisions on the share of inheritance. |
| 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 | DORUK GÖNEN , January 2024 |
| Course Coordinator | DORUK GÖNEN |
| Semester | Fall |
| Name of Instructor | Prof. Dr. EKREM KURT |
Course Contents
| Week | Subject |
| 1) | Course Introduction Basic Concepts of Inheritance Law Principles Governing Inheritance Law |
| 2) | Legal Inheritance - Persons with the title of Legal Heir, Class System, Inheritance Ratios Voluntary Inheritance - The Concept of Death-Related Savings |
| 3) | - Types of Testamentary Dispositions --Will: Handwritten, Formal and Oral Wills -- Inheritance Contract |
| 4) | - Transactions Subject to Testamentary Dispositions -- Conditions and Obligations --Appointment of Reversiory and Substitute Heir -- Establishment of a Foundation -- Appointment of a Will Executor |
| 5) | - Interpretation of Testamentary Dispositions |
| 6) | - Termination of Testamentary Dispositions - Cancellation of Testamentary Dispositions |
| 7) | Legal Inheritance - Inheritors with Reserved Shares, Reserved Share Ratio, Free Savings Ratio - Disinheritance - Action of Deduction |
| 8) | Midterms |
| 9) | Legal Inheritance - Inheritors with Reserved Shares, Reserved Share Ratio, Free Savings Ratio - Action of Deduction |
| 10) | Legal Inheritance - Inheritors with Reserved Shares, Reserved Share Ratio, Free Savings Ratio - Action of Deduction |
| 11) | Passing of Inheritance - Conditions for being an Inheritor and Testatee - Status of the Creditor of Testamentary Disposition |
| 12) | Passing of Inheritance- - Refusal of Inheritance and its Consequences - Inheritance Waiver - Transfer of Inheritance Share |
| 13) | Acquisition of Inheritance - Subrogation, Inheritance Partnership - Certificate of Inheritance and Declaration of Inheritance - Measures Taken for the Protection of the Inheritance - Official Bookkeeping - Official Liquidation - Action for Vindication due to Inheritance |
| 14) | Sharing of Inheritance - Distribution - Balancing |
| Required/Recommended Readings | - Erman, Hasan/ İmre, Zahit: Miras Hukuku, İstanbul, Der. - Serozan, Rona/ Engin, B. İlkay: Miras Hukuku, İstanbul, Seçkin. - Dural, Mustafa/ Öz, M. Turgut: Türk Özel Hukuku, Cilt 4: Miras Hukuku, İstanbul, Filiz Kitabevi. - Sarı, Suat: Uygulamalı Miras Hukuku, İstanbul, Filiz. - Aktürk, İpek Yüceer/ Eren, Fikret: Türk Miras Hukuku, Ankara, Yetkin. - Kılıçoğlu, Ahmet: Miras Hukuku, Ankara, Turhan. - Öztan, Bilge: Miras Hukuku, Ankara, Turhan. - Hatemi, Hüseyin: Miras Hukuku, İstanbul, On İki Levha. - Kılıçoğlu, Ahmet: Miras Hukuku Pratik Çalışmalar, Ankara, Turhan. - Hatipoğlu, Gözde: Miras Hukuku Pratik Çalışmalar, İstanbul, On İki Levha | ||||||||||||
| Teaching Methods | Theoretical lecture followed by case-law readings and case studies | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
gonend@mef.edu.tr +902123653600 Ofis Saatleri: Lütfen e-mail ile randevu alınız. Office Hours: Upon appointment via e-mail. |
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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 | 8 | 2 | 20 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 94 | ||||||
| Total Workload/25 | 3.8 | ||||||
| ECTS | 4 | ||||||