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 325 | ||||
| Course Title in English | Law of Guarantees | ||||
| Course Title in Turkish | Teminat Hukuku | ||||
| 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 | 56 hours per semester | ||||
| Number of Credits | 2 ECTS | ||||
| Grading Mode | Standard Letter Grade | ||||
| Pre-requisites | None | ||||
| Expected Prior Knowledge | None | ||||
| Co-requisites | None | ||||
| Registration Restrictions | Only Undergraduate Students | ||||
| Overall Educational Objective | With this course, students will learn in rem guarantees such as agreements of reservation of property rights, fiduciary transactions, contracts of promise of sale for collateral purposes and pledge rights, and personal guarantees such as suretyship, independent guarantees, letter of guarantees, comfort letters, joint and several obligation and cumulative assumption of obligation. | ||||
| Course Description | This course aims to provide a deeper analysis to the following institutions: reservation of property rights, fiduciary transactions, lien and mortgages, suretyship, independent guarantees, letter of guarantees, comfort letters, joint several obligation and cumulative assumption of obligation. | ||||
| Course Description in Turkish | Ders kapsamında mülkiyeti saklı tutma anlaşması, inançlı işlemler, rehin hakları, kefalet, garanti, banka teminat mektubu, itibar mektubu, teminat amacıyla müteselsil borçluluk ve borca katılma kurumları incelenecektir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) To know the basic structures of the law of in rem and in personam guarantees. 2) Identify and discuss the content of the legal rules relating to in rem and personal guarantees, and can answer text questions on the subject. 3) Identify and apply the legal problems related to in rem and personal guarantees and the legal rules to be applied to them. 4) Evaluates and criticizes the results of the application of the rules on guarantees in rem and personal guarantees. |
| 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. | S | Exam |
| 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. | N | Exam |
| 4) | The ability to internalize social, scientific and ethical values while evaluating legal information. | S | Exam |
| 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. | S | 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. | S | Exam |
| 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. | S | Exam |
| Prepared by and Date | KADİR BERK KAPANCI , January 2024 |
| Course Coordinator | KADİR BERK KAPANCI |
| Semester | Spring |
| Name of Instructor | Prof. Dr. KADİR BERK KAPANCI |
Course Contents
| Week | Subject |
| 1) | General Introduction: In rem and in personam guarantees |
| 2) | Reservation of property rights |
| 3) | Fiduciary Transactions for Collateral Purposes - 1 : In relation to Movables and Rights to Receivables |
| 4) | Fiduciary Transactions for Collateral Purposes - 2 : In relation to Immovable Properties |
| 5) | Ccontracts of promise of sale for security purposes and its validity |
| 6) | Pledge - 1: Movable pledge |
| 7) | Pledge - 2: Real estate pledge |
| 8) | Evaluations on TCO 603 and TCA 4 p. 5 and p.6 |
| 9) | Cumulative assumption of debt and joint and several liability for security purposes: External relations between creditors and debtors |
| 10) | Cumulative assumption of debt and joint and several liability for security purposes: Internal relations between the debtors |
| 11) | Surety agreement: formation, validity and types |
| 12) | Surety agreement: Relationship between creditor and surer, surer and principal debtor |
| 13) | Guarantee agreement and bank letters of guarantee |
| 14) | General review |
| Required/Recommended Readings | Gümüş, Alper, Borçlar Hukuku Özel Hükümler, C.II, Vedat Kitapçılık, İstanbul (son baskı). Kapancı, Kadir Berk, Birlikte Borçlulukta Borçlular Arası İlişkiler, Vedat Kitapçılık (son baskı). Özen, Burak, 6098 Sayılı Türk Borçlar Kanunu Çerçevesinde Kefalet Sözleşmesi, Vedat Kitapçılık, İstanbul(son baskı). Reisoğlu, Seza, Banka Teminat Mektupları ve Kontrgarantiler, Ankara (son baskı). Reisoğlu, Seza, Türk Kefalet Hukuku, Ankara(son baskı). Yavuz, Nihat, Öğreti ve Uygulamada Türk Kefalet Hukuku, Adalet, Ankara(son baskı). Oğuzman, Kemal / Seliçi, Özer / Oktay-Özdemir, Saibe, Eşya Hukuku, Filiz, İstanbul(son baskı). Sirmen, Lale, Eşya Hukuku, Yetkin, Ankara(son baskı). | ||||||||||||
| Teaching Methods | Theoretical lectures, evaluation of court decisions on the subject. | ||||||||||||
| 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 | 42 | |||
| Midterm(s) | 1 | 4 | 2 | 6 | |||
| Final Examination | 1 | 6 | 2 | 8 | |||
| Total Workload | 56 | ||||||
| Total Workload/25 | 2.2 | ||||||
| ECTS | 2 | ||||||