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 | LAW 226 | ||||
| Course Title in English | Comparative Law of Obligations | ||||
| Course Title in Turkish | Karşılaştırmalı Borçlar Hukuku | ||||
| Language of Instruction | EN | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Spring,Fall | ||||
| Contact Hours per Week |
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| Estimated Student Workload | 100 hours per semester | ||||
| Number of Credits | 4 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | None | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Only Undergraduate Students or Erasmus | ||||
| Overall Educational Objective | Students will learn the foundations and key concepts relating to comparative law of obligations –especially contracts. | ||||
| Course Description | This course is designed to provide students with a comparative analysis of contracts as a source of obligation and basic concepts regarding formation of contracts, performance and non-performance of obligations arising therefrom. | ||||
| Course Description in Turkish | Ders kapsamında karşılaştırmalı bir değerlendirme ışığında borcun kaynağı olarak sözleşmeler, sözleşmelerin kurulmasına, ifasına ve ifa edilmemesine ilişkin temel kavramlar incelenecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Define in form and in content the law of contracts from a European perspective 2) Demonstrate in outline the historical development of the law of obligations in different jurisdictions 3) Compare the differences of international harmonization documents 4) Demonstrate a sound knowledge with regard formation, performance of contracts, and remedies for non performance |
| 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. | S | Exam |
| 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. | H | 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. | S | Exam |
| 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. | H | Exam |
| Prepared by and Date | KADİR BERK KAPANCI , January 2024 |
| Course Coordinator | KADİR BERK KAPANCI |
| Semester | Spring,Fall |
| Name of Instructor | Prof. Dr. HAVVA KARAGÖZ |
Course Contents
| Week | Subject |
| 1) | General Introduction to Comparative Law of Obligations |
| 2) | Comparative Law - Description, Historical Development, Subjects, Aims, Methods |
| 3) | Civil Law as a legal tradition |
| 4) | Common Law as a legal tradition |
| 5) | International Documents for Harmonization of Private Law |
| 6) | Contracts in general (formation, main principles, form requirements, binding effect) |
| 7) | General contract (transaction) terms and Battle of forms |
| 8) | Performance - Non-performance and remedies |
| 9) | Concept of "Specific performance" of a contractual obligation |
| 10) | Anticipatory breach of contract |
| 11) | Unexpected change of circumstances / frustration / hardship / force majeur / adaptation |
| 12) | General overview |
| 13) | General overview |
| Required/Recommended Readings | İlhan Helvacı, Turkish Contract Law, Springer (last edition)(e-book version available at Springer Database). Nicolas Kuonen, Swiss Law of Contracts General Principles, Schultess Editions romandes (last edition)(e-book version available at Swisslex Database). Hugh Beale / Bénédicte Fauvarque-Cosson / Jacobien Rutgers, Denis Tallon / Stefan Vogenauer, Cases, Materials and Text on Contract Law, Hart Publishing, Oxford (last edition). Oliver Radley-Gardner / Hugh Beale / Reinhard Zimmermann / Reiner Schulze, Texts on European Private Law, Hart Publishing, Oxford And Portland, Oregon (last edition). | ||||||||||||
| Teaching Methods | Students work independently before class lessons covering readings and assignments. Class time is spent on theory, concepts, and application of materials. | ||||||||||||
| Homework and Projects | |||||||||||||
| Laboratory Work | |||||||||||||
| Computer Use | |||||||||||||
| Other Activities | |||||||||||||
| Assessment Methods |
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| Course Administration |
kapancib@mef.edu.tr Office: MEF University Office (5th Floor) Office Hours: By appointment |
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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 | 2 | 2 | 70 | ||
| Midterm(s) | 1 | 10 | 2 | 12 | |||
| Final Examination | 1 | 16 | 2 | 18 | |||
| Total Workload | 100 | ||||||
| Total Workload/25 | 4.0 | ||||||
| ECTS | 4 | ||||||