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 409 | ||||
| Course Title in English | Forceful Execution and Bankruptcy Law I | ||||
| Course Title in Turkish | İcra ve İflas Hukuku I | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Seçiniz | ||||
| Semester | Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 110 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | Civil procedure | ||||
| Co-requisites | None | ||||
| Registration Restrictions | only undergraduate students | ||||
| Overall Educational Objective | The student will gain the ability to follow developments in these areas through a basic knowledge of the basic stages and institutions involved in enforcement law, and to seek solutions to existing problems. | ||||
| Course Description | After a brief explanation regarding the general enforcement principles, types of individual enforcement and enforcement authorities, general enforcement procedure and its phases will be examined in detail. | ||||
| Course Description in Turkish | Cüz’i icra türleri ve cebri icra organları hakkında genel bir bakış anlatılarak, cüz’i icra türlerinden biri olan genel haciz yoluyla takibin aşamalarından takip talebi, ödeme emri ve kesinleşmesi, haciz ve hacizli mallardan menkul malların satışına kadarki aşamalar hakkında bilgi verilecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Understand the enforcement agencies and how they work. 2) Understand the principles that govern enforcement law. 3) Know how to complete the follow-up request, the payment order and its finalisation, the seizure and the sale of movable goods from the seized goods by forced execution. |
| Program Learning Outcomes/Course Learning Outcomes | 1 | 2 | 3 |
|---|---|---|---|
| 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 | ÇİĞDEM YAZICI , January 2024 |
| Course Coordinator | ÇİĞDEM YAZICI |
| Semester | Fall |
| Name of Instructor | Assoc. Prof. Dr. ÇİĞDEM YAZICI |
Course Contents
| Week | Subject |
| 1) | General Information on Enforcement Law - Balance of Interests in Enforcement Law - Respect for Fundamental Rights in Enforcement Law - Principles Governing Enforcement Law - Enforcement Organisation |
| 2) | Complaints - Enforcement fees and expenses |
| 3) | Notice, time limits, holidays and talik states - Parties to enforcement proceedings and modification of proceedings - Enforcement by general Distraint |
| 4) | Subject matter of proceedings by way of general Distraint - Application for proceedings by way of general Distraint - Order for payment and objection to order for payment in proceedings by way of general Distraint |
| 5) | Action for annulment of objection |
| 6) | Rescission of objection - negative declaratory action and replevin cases |
| 7) | Cancellation and discontinuance of proceedings - Declaration of goods |
| 8) | General information on Distraint - Object of Distraint |
| 9) | Participation to a Distraint |
| 10) | Rei vindicatio procedure in Distraint |
| 11) | Payment of debts in instalments |
| 12) | Sale - Sale of movable property - Sale by negotiation - Sale of movable property by auction |
| 13) | Sale of immovable property by forced sale - Cancellation of auction |
| 14) | Allocation of money gathered by a tender |
| Required/Recommended Readings | 1-İcra ve İflas Hukuku, Ders Kitabı- Hakan Pekcanıtez - Oğuz Atalay - Muhammet Özekes - Meral Sungurtekin Özkan, On İki Levha Yayınları (last version). 2-İcra ve İflas Hukuku Pratik Çalışmalar, Hakan Pekcanıtez- Muhammet Özekes, On İki Levha Yayınları (last version). | ||||||||||||
| Teaching Methods | Theoretical expression, practical studies, evaluation of the decisions of the Court of Cassation | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
yazicic@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 | 4 | 1 | 84 | ||
| Laboratory | 14 | 0 | 0 | ||||
| Homework Assignments | 1 | 0 | 0 | ||||
| Midterm(s) | 1 | 8 | 1 | 9 | |||
| Final Examination | 1 | 16 | 1 | 17 | |||
| Total Workload | 110 | ||||||
| Total Workload/25 | 4.4 | ||||||
| ECTS | 4 | ||||||