Civil Procedure Law II(HUK382)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK382 | Civil Procedure Law II | 6 | 3 | 0 | 0 | 3 | 4 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Nur BOLAYIR nurbolayir@yahoo.com (Email) Onat Kaan GÜZELCE okguzelce@gsu.edu.tr (Email) |
| Assistant | |
| Objective |
Objective of the course is to study essential principals of the law of civil procedure and the procedure of jurisdiction. In this context, further aims of this course is as follows: - To teach the concepts and institutions of civil procedural law and the relationships between these concepts and institutions. - To render student more aware of the legal regulations in this field, of the decisions of the judicial bodies, and their development and to teach the scientific evaluations regarding these decisions. - To have adequate knowledge of the problems encountered in legal practice and to acquire the ability to create solutions to them. |
| Content |
Answer to action (Defense to action, counter claim) Answer petition and its elements, time to answer Results of answer, preliminary observation Inquiry, case files, minutes of proceedings, preliminary question Retraction of the file, interrogation, reform Transfer of the object of action, separation of the actions, merger of the actions Proof (subject of proof, burden of proof, sort of proof) Bill-oath Witness- expert-discovery Decision and judgment Cassation-Procedure of Reform Trial expenses- legal remedy Provisional measures (interim injunction- identification evidence) Arbitration |
| Course Learning Outcomes |
Students who successfully complete this course have the following competencies: - Understands the objectives stated in the course objective and comprehends the principles of the judicial system. - Examines, interprets and evaluates legislative texts, judicial decisions and scientific sources using the methods provided by legal methodology. - Solve the problems encountered in legal practice based on legislative texts, judicial decisions and scientific sources. - Resolves legal disputes by evaluating legislative texts, judicial decisions and opinions in doctrine. - Takes responsibility individually and as a team member to solve unforeseen complex problems encountered in legal practice. - Evaluates by monitoring the developments in legal theory and practice. - Evaluates the knowledge and skills acquired in the field of law with a critical approach. - Expresses his thoughts on issues related to civil procedure law and solutions to problems, both verbally and in writing, with justification. - Expresses his thoughts on issues related to civil procedure law and solutions to problems, both verbally and in writing, with justification. - Has the understanding of honesty, justice and ethics that being a lawyer requires. - It has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and to take part in the trial process within this framework. - Assimilated the principles of universal law; Has the ability to perceive and solve legal problems in terms of law. |
| Teaching and Learning Methods |
Oral lecture Practical studies Student presentations and in-class discussions |
| References | Hakan Pekcanıtez/Oğuz Atalay/Muhammet Özekes, Medenî Usûl Hukuku Ders Kitabı, 8.Bası, İstanbul 2020. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Answer to action (Defense to action, counter claim) |
| 2 | Answer petition and its elements, time to answer |
| 3 | Results of answer, preliminary observation |
| 4 | Inquiry, case files, minutes of proceedings, preliminary question |
| 5 | Retraction of the file, interrogation, reform |
| 6 | Transfer of the object of action, separation of the actions, merger of the actions |
| 7 | Proof (subject of proof, burden of proof, sort of proof) |
| 8 | Bill-oath |
| 9 | Witness- expert-discovery |
| 10 | Decision and judgment |
| 11 | Cassation-Procedure of Reform |
| 12 | Trial expenses- legal remedy |
| 13 | Provisional measures (interim injunction- identification evidence) |
| 14 | Arbitration |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Toplam | 0 | 0 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 3 | 14 | 42 |
| Working Hours out of Class | 3 | 14 | 42 |
| Midterm Examinations (including preparation) | 1 | 2 | 2 |
| Final Examinations (including preparation) | 1 | 3 | 3 |
| Total Workload | 89 | ||
| Total Workload / 25 | 3,56 | ||
| Credits ECTS | 4 | ||