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 324 | ||||
| Course Title in English | Innominate Contracts | ||||
| Course Title in Turkish | İsimsiz Sözleşmeler | ||||
| Language of Instruction | TR | ||||
| Type of Course | Lecture | ||||
| Level of Course | Intermediate | ||||
| Semester | Fall | ||||
| 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 | None | ||||
| Overall Educational Objective | Mixed, combined and sui generis contracts, construction contracts in return for land property share, factoring and guarantee contracts. | ||||
| Course Description | Students shall acquire substantial knowledge on the theory of innominate contracts with a special focus on construction contracts in return for land property share, factoring contracts and independent guarantee contracts and shall be able to resolve possible legal problems arising thereof. | ||||
| Course Description in Turkish | Öğrenciler, bu dersle, isimsiz sözleşmeler teorisi ve bu sözleşmelerden arsa payı karşılığı inşaat, garanti ve faktoring sözleşmeleri hakkında detaylı bilgi sahibi olur, bu sözleşmeler tahtında söz konusu olabilecek hukuki problemleri kavrar ve bu problemlere çözüm önerileri getirebilir. |
Course Learning Outcomes and CompetencesUpon successful completion of the course, the learner is expected to be able to:1) Learns the basic structures of innominate contracts. 2) Can identify and discuss the content of the legal rules applicable to innominate contracts in general, and in particular to construction contracts in return for land property share, guarantee and factoring contracts, and can answer theoretical questions on the subject. 3) Can identify the legal problems related to innominate contracts in general, and construction in return for land share, guarantee and factoring contracts in particular, and the legal rules to be applied to them and apply the relevant legal rules to the said problems. 4) Evaluate and criticize the results of the application of the rules on innominate contracts in general and construction in return for land share, guarantee and factoring contracts in particular. |
| 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. | H | 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 | Fall |
| Name of Instructor |
Course Contents
| Week | Subject |
| 1) | The principle of freedom of contract in the Law of Obligations and innominate contracts |
| 2) | Mixed contracts and applicable provisions |
| 3) | Combined contracts and applicable provisions |
| 4) | Sui generis contracts and applicable provisions |
| 5) | Construction contract in return for land share -1: Characteristics and types |
| 6) | Construction contract in return for land share -2: Obligations of the parties |
| 7) | Construction contract in return for land share -3: Problematic points in practice |
| 8) | Guarantee contract -1: Characteristics and types |
| 9) | Guarantee contract -2: Pure Guarantees |
| 10) | Guarantee agreement -3: Guarantee for collateral purposes |
| 11) | Guarantee agreement -4: Problematic points in practice |
| 12) | Factoring contract -1: Characteristics and types |
| 13) | Factoring agreement -2: Obligations of the parties |
| 14) | Factoring Agreement -3: Issues to be considered regarding the collective transfer of receivables |
| Required/Recommended Readings | Erman, Hasan, Arsa Payı Karşılığı İnşaat Sözleşmeleri, Der (son bası). Gümüş, Alper, Borçlar Hukuku Özel Hükümler, C.II, Vedat Kitapçılık, İstanbul, (son bası). Kahraman, Zafer, Faktoring Sözleşmelerinde Tarafların Hak ve Yükümlülükleri, BAU Hukuk Fakültesi Dergisi, 2010, 69-70, s. 72 vd. Kapancı, Kadir Berk, Birlikte Borçlulukta Borçlular Arası İlişkiler, Vedat Kitapçılık(son bası). Özakman, Cumhur, Faktoring Sözleşmeleri, İstanbul, 1989. Reisoğlu, Seza, Banka Teminat Mektupları ve Kontrgarantiler, Ankara, 2003. Uzun Kazmacı, Özge, Faktoring Sözleşmesi, Yetkin, 2014. | ||||||||||||
| 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 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 | ||||||