| School/Faculty/Institute | Faculty of Law | ||||
| Course Code | HUK 410 | ||||
| Course Title in English | Forceful Execution and Bankruptcy Law II | ||||
| Course Title in Turkish | İcra ve İflas Hukuku II | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Seçiniz | ||||
| Semester | Spring | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 62 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | Civil procedure, commercial law, property law, law of obligations | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Only Undergraduate Students | ||||
| Overall Educational Objective | The student will gain the ability to follow developments in these areas and to seek solutions to existing problems by having a basic knowledge of all individual and collective forms of enforcement. | ||||
| Course Description | Within this course, the specialized enforcement ways and collective enforcement will be examined. In this regard, the course will provide basic knowledge of bankruptcy and concordatum. | ||||
| Course Description in Turkish | Cüz’i icra türlerinden ilâmsız (genel haciz yoluyla takip hariç), ilâmlı ve rehnin paraya çevrilmesi yoluyla takip, külli icra türlerinden takipli ve doğrudan doğruya iflâs türleri hakkında bilgi verilecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Know the types, characteristics and differences between limited and complex execution. 2) Distinguishes the types and characteristics of enforcement proceedings. 3) Knows who are the persons subject to bankruptcy and comprehends the ways of bankruptcy with proceedings and direct bankruptcy. |
| 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. |
| 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. | N | |
| 3) | The ability to locate and use legal resources; to follow and evaluate current legislative amendments, legal science, and court decisions. | N | |
| 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. | S | Exam |
| 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 | Spring |
| Name of Instructor | Assoc. Prof. Dr. ÇİĞDEM YAZICI |
| Week | Subject |
| 1) | Procedure for money claims arising from subscription agreements |
| 2) | Special debt enforcement procedure for bills of exchange |
| 3) | Eviction from Leased Immovable Properties by Execution without Judgement |
| 4) | Enforcement of Judgments - Execution of Judgments Subject to Money |
| 5) | Enforcement of judgements - Execution of judgements that are subject to something other than money |
| 6) | Debt Enforcement by Monetisation of Pledge |
| 7) | Precautionary Assessment |
| 8) | General information on bankruptcy law - Bankruptcy proceedings |
| 9) | Bankruptcy of capital companies |
| 10) | Legal consequences of bankruptcy |
| 11) | Bankruptcy liquidation |
| 12) | Cancellation of bankruptcy |
| 13) | Concordat |
| 14) | Cases of cancellation |
| Required/Recommended Readings | 1-İcra ve İflas Hukuku, Ders Kitabı- Hakan Pekcanıtez - Oğuz Atalay - Muhammet Özekes - Meral Sungurtekin Özkan, On İki Levha Yayınları (last edition). 2-İcra ve İflas Hukuku Pratik Çalışmalar, Hakan Pekcanıtez- Muhammet Özekes, On İki Levha Yayınları (last edition). | ||||||||||||
| 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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| 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 | 2 | 42 | |||
| Midterm(s) | 1 | 6 | 1 | 7 | |||
| Final Examination | 1 | 12 | 1 | 13 | |||
| Total Workload | 62 | ||||||
| Total Workload/25 | 2.5 | ||||||
| ECTS | 4 | ||||||