HUK 436 Law of Common OwnershipMEF UniversityDegree Programs LawGeneral Information For StudentsDiploma SupplementErasmus Policy Statement
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 436
Course Title in English Law of Common Ownership
Course Title in Turkish Toplu Mülkiyet Hukuku
Language of Instruction TR
Type of Course Lecture
Level of Course Intermediate
Semester Spring
Contact Hours per Week
Lecture: 2 Recitation: Lab: Other:
Estimated Student Workload 60 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 This course introduces students to the concepts of co-ownership, joint ownership, condominium and timeshare.
Course Description This course aims to provide an in depth analysis of and review the relationship between co-ownership, joint ownership, condominiums and timeshares.
Course Description in Turkish Dersin amacı paylı mülkiyet, elbirliği mülkiyeti, kat mülkiyeti ve devremülk kavramlarının detaylı ve birbirleri ile karşılaştırmalı olarak incelenmesidir.

Course Learning Outcomes and Competences

Upon successful completion of the course, the learner is expected to be able to:
1) Knows the basic concepts of collective ownership.
2) Identifies and discusses the content of the legal rules related to co-ownership, joint ownership, condominium, timeshare, and solve problems.
3) Identifies the legal problems related to co-ownership, joint ownership, condominium and timeshare, and applies the relevant legal rules.
4) Evaluates and critiques the results of the application of the rules of the different types of collective property.
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. 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. 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 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) Introduction to collective ownership
2) Establishment of co-ownership
3) Rules of co-ownership
4) The concept of a share in co-ownership and disposals on shares
5) Management in co-ownership
6) Provisions of joint ownership
7) Relationships giving rise to joint ownership: simple partnership, inheritance partnership, property partnership
8) Termination of joint ownership
9) Establishment of condominium ownership
10) Relationships between condominium owners in condominium ownership
11) Termination of condominium ownership
12) Condominium easements and collective buildings
13) Timeshare
14) General overview
Required/Recommended Readings A. Lâle Sirmen, Eşya Hukuku, Yetkin, Ankara (son baskı). Aydın Aybay, Hüseyin Hatemi, Eşya Hukuku, Vedat, İstanbul (son baskı). Fikret Eren, Mülkiyet Hukuku, Yetkin, Ankara (son baskı). Hasan Erman, Eşya Hukuku Dersleri, Der, İstanbul (son baskı). İlker Öztaş, Paylı Mülkiyette Paydaşın Kullanma ve Yararlanma Hakkı, On İki Levha, İstanbul (son baskı). Kudret Güven, Turhan Esener, Eşya Hukuku, Yetkin, Ankara(son baskı). M. Kemal Oğuzman, Özer Seliçi, Saibe Oktay Özdemir, Eşya Hukuku, Filiz, İstanbul (son baskı). Mehmet Ayan, Eşya Hukuku II – Mülkiyet, Mimoza, Konya (son baskı). Mehmet Şengül, Toplu Yapılar ve Toplu Yapı Yönetimi, On İki Levha, İstanbul (son baskı). Rona Serozan, Eşya Hukuku I, Filiz, İstanbul(son baskı). Şeref Ertaş, Eşya Hukuku, , Barış, İzmir (son baskı). Turgut Akıntürk, Eşya Hukuku, Beta, İstanbul(son baskı). Zekeriya Kürşat, Paylı Mülkiyetin Sona Ermesi, Arıkan, İstanbul (son baskı). Zeynep Özcan, Paylı Mülkiyette Paydaşların Yetkileri ve Yükümlülükleri, Yetkin, Ankara (son baskı).
Teaching MethodsTheoretical lecture, evaluation of case law on the subject.
Homework and Projects
Laboratory Work
Computer Use
Other Activities
Assessment Methods
Assessment Tools Count Weight
Midterm(s) 1 % 40
Final Examination 1 % 60
TOTAL % 100
Course Administration kapancib@mef.edu.tr

Office: MEF University Office (5th Floor) Office Hours: By appointment

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 6 2 8
Final Examination 1 8 2 10
Total Workload 60
Total Workload/25 2.4
ECTS 2