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 406 | ||||
| Course Title in English | Private International Law II | ||||
| Course Title in Turkish | Mllletlerarası Özel Hukuk II | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Spring | ||||
| 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 procedure law. | ||||
| Co-requisites | None | ||||
| Registration Restrictions | None | ||||
| Overall Educational Objective | The general educational objective of the course is to gain the ability to think about the issues related to international procedural law on the basis of the methodology of private international law; to teach how to reason and resolve legal problems arising from legal transactions and relations involving the element of foreignness within the scope of relevant legislation and international conventions, case law and doctrine. | ||||
| Course Description | International jurisdiction of Turkish courts, judicatum solvi, international service abroad, taking evidence abroad, recognition and enforcement of foreign judgments, law of aliens | ||||
| Course Description in Turkish | Türk mahkemelerin milletlerarası yetkisi, teminat, milletlerarası tebligat, milletlerarası istinabe, yabancı mahkeme kararlarının tanınması ve tenfizi, yabancılar hukuku |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) To know about the logic and method of Private International Law 2) To qualify legal disputes involving a foreign element and to determine the competent court 3) To analyse the legal problems related to international procedural law within the framework of the provisions of the PILA 4) Analysing court decisions or a hypothetical case with the theoretical knowledge acquired |
| 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. | 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 | Spring |
| Name of Instructor | Prof. Dr. AYFER UYANIK |
Course Contents
| Week | Subject |
| 1) | Principles of International Procedural Law; International jurisdiction |
| 2) | International Jurisdiction; Jurisdiction Agreement |
| 3) | Judicial Immunity; Judicatum Solvi |
| 4) | International Service of Notification; International Regotary |
| 5) | Proof and evidence in cases with foreign elements |
| 6) | Recognition and Enforcement of Foreign Court Judgements |
| 7) | Recognition and Enforcement of Foreign Court Judgements |
| 8) | Recognition and Enforcement of Foreign Court Judgements |
| 9) | International arbitration; Recognition and enforcement of foreign arbitral awards |
| 10) | Basic concepts of Foreigners Law; Entry, residence and travelling of foreigners in Turkey |
| 11) | Administrative detention and deportation of foreigners |
| 12) | Labour rights of foreigners in Turkey |
| 13) | Acquisition of Real Estate by Foreigners in Turkey |
| 14) | Foreign capital investments in Turkey; International Protection and Temporary Protection |
| Required/Recommended Readings | 1. Türk Milletlerarası Usul Hukuku 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. Yabancılar Hukuku ÇELİKEL, Aysel / ÖZTEKİN GELGEL, Günseli, Yabancılar Hukuku (son bası) | ||||||||||||
| Teaching Methods | Theoretical lecture followed by decision analysis and case studies on the subject | ||||||||||||
| 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 | ||||||