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 405 | ||||
| Course Title in English | Private International Law I | ||||
| Course Title in Turkish | Milletlerarası Özel Hukuk I | ||||
| 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 | 94 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | It is assumed that the student knows the basic principles of Civil Law. | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | The general educational objective of the course is to teach the issues related to Turkish nationality law within the scope of relevant international conventions and legislation; to discuss and solve the problems of nationality law within the framework of international conventions/legislation/jurisprudence/doctrine; to gain the ability to think about the issues related to the conflict of laws on the basis of international private law methodology; to teach to analyze and resolve legal problems arising from legal transactions and relations involving foreign elements within the scope of relevant legislation and international conventions, jurisprudence and doctrine. | ||||
| Course Description | Nationality law: objective, scope, definitions and the implementation of citizenship services; the acquisition of Turkish citizenship; loss of Turkish citizenship. Private International Law: The basic concepts of private international law; renvoi, classification, preliminary question, public policy, fraud, mandatory rules, conflict of laws (art. 9-39 PILA). | ||||
| Course Description in Turkish | Vatandaşlık hukuku: amaç, kapsam, tanımlar ve vatandaşlık hizmetlerinin yürütülmesi; Türk vatandaşlığının kazanılması; Türk vatandaşlığının kaybı. Milletlerarası özel hukuk: Milletlerarası özel hukukun genel hükümleri, atıf, vasıflandırma, ön sorun, kamu düzeni, kanuna karşı hile, doğrudan uygulanan kurallar, kanunlar ihtilafı kuralları (MÖHUK m. 9-39). |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) To know the issues within the scope of Turkish nationality law; to identify, discuss and solve the problems related to the acquisition and loss of Turkish citizenship 2) To know the logic and methodology of Private International Law 3) Characterization of legal disputes involving a foreign element, determination of the applicable law; if the applicable law is foreign law, to know what are the principles that prevent the application of this law 4) To analyze the legal problems related to private international law within the framework of the provisions of the provisions of the PILA 5) Analyzing court decisions or a hypothetical case with the theoretical knowledge acquired |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 | 4 | 5 |
|---|---|---|---|---|---|
| 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. | 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. | 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. | H | Exam |
| Prepared by and Date | AYFER UYANIK , January 2024 |
| Course Coordinator | AYFER UYANIK |
| Semester | Fall |
| Name of Instructor | Prof. Dr. AYFER UYANIK |
Course Contents
| Week | Subject |
| 1) | Introduction to private international law / Nature and types of private international law rules |
| 2) | Circumvention / Adaptation / Preliminary issue / Renvoi / Public order / Change of status / Overriding mandatory provisions / Application of foreign law |
| 3) | The law applicable to form requirements, prescription period and capacity |
| 4) | Conflict of laws rules on family law |
| 5) | Conflict of laws rules on family law II |
| 6) | Coflict of laws rules regarding inheritance / Conflict of laws rules regarding rights in rem |
| 7) | Conflict of laws rules regarding contracts |
| 8) | Conflict of laws rules regarding contracts II |
| 9) | Conflict of laws rules regarding torts |
| 10) | Conflict of laws rules regarding torts / Conflict of laws rules regarding unjust enrichment |
| 11) | Basic concepts and principles of nationality law |
| 12) | Relationship of nationality law with other fields of law / Acquisition of Turkish citizenship |
| 13) | Loss of Turkish citizenship |
| 14) | Proof of Turkish citizenship and judicial means / Analysis of the decisions of the Council of State on nationality law |
| Required/Recommended Readings | 1. Milletlerarası Özel Hukuk TEKİNALP, Gülören/UYANIK, Ayfer, Milletlerarası Özel Hukuk, Bağlama Kuralları (son bası) NOMER, Ergin, Devletler Hususi Hukuku (son bası). ÇELİKEL, Aysel/ERDEM, Bahadır, Milletlerarası Özel Hukuk (son bası) ŞANLI, Cemal/ESEN, Emre/ATAMAN FİGANMEŞE, İnci, Milletlerarası Özel Hukuk (son bası) 2. Vatandaşlık Hukuku ERDEM, Bahadır, Türk Vatandaşlık Hukuku (son bası) NOMER, Ergin, Türk Vatandaşlık Hukuku (son bası) | ||||||||||||
| Teaching Methods | Theoretical lecture followed by decision readings and practical exercises | ||||||||||||
| Homework and Projects | None | ||||||||||||
| Laboratory Work | None | ||||||||||||
| Computer Use | None | ||||||||||||
| Other Activities | None | ||||||||||||
| Assessment Methods |
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| Course Administration |
uyanika@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 | 8 | 2 | 20 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 94 | ||||||
| Total Workload/25 | 3.8 | ||||||
| ECTS | 4 | ||||||