Problems Regarding Application of New Code of Civil Procedure(ÖHDR-331)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHDR-331 | Problems Regarding Application of New Code of Civil Procedure | 2 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Doctoral Degree |
| Course Instructor(s) | YAŞAR HAKAN PEKCANITEZ hpekcanitez@gsu.edu.tr (Email) |
| Assistant | |
| Objective | The main purpose of the course is to examine problematic institutions related to the implementation of the Code of Civil Procedure. Within the scope of this course, it is aimed to discuss in depth the important issues in terms of both theory and practice in the context of the Code of Civil Procedure and to present the current problems of civil procedural law and possible solutions to them. In this context; The objectives of the course are to gain an advanced understanding of subjects such as Litigation Authority, Accessory Intervention, Case Conditions, Uncertain Debt Case, Preliminary Examination, Reclamation, Proof, Voluntary Change of Party, Final Judgment. Combining current and advanced knowledge on concepts, institutions and methods related to civil procedural law, and specifically the Code of Civil Procedure, with original thought and research, and ensuring a development at the level of expertise in this respect; It is aimed for the student to reach a level where he/she can reach innovative, original definitions and qualifications regarding the concepts, institutions and methods in question. In this course, it is aimed for the student to be able to analyze the theory and practice of civil procedural law by combining it with the research he has acquired or his knowledge at the level of expertise, and to reach new and original results and ideas. |
| Content |
Capacity to follow in an action Accessory intervention Conditions of action Action for an unquantified debt Preliminary observation Reform The substitution of a party Proof, burden of proof Sort of proof Duty to cooperate in the taking of evidence Bill Judgement Appeal interim injunction |
| Course Learning Outcomes |
Students who successfully complete this course will have the following competencies: - Understands the problems related to the implementation of the Code of Civil Procedure and can propose solutions to them. - Examines all concepts related to civil procedural law and reveals the features of the Code of Civil Procedure in depth, and evaluates judicial decisions on the subject. - Evaluates issues in the field of civil procedural law with new thoughts, different approaches or methods. - Researches and diagnoses new concepts on this subject from an original perspective. - Develops solution suggestions regarding legal policy based on theoretical and applied knowledge. - Can research the current problems and new concepts and theories of civil procedural law from an original perspective, and reaches the level of ability to independently carry out an original study on this subject; thus, it can contribute to legal theory and practice. - Gains experience in producing scientific works and develops research skills in at least one foreign language for this purpose. |
| Teaching and Learning Methods | Oral |
| References |
Kuru Baki, İstinaf Sistemine Göre Yazılmış Medenî Usûl Hukuku Ders Kitabı, İstanbul 2017. Pekcanıtez Hakan/Özekes Muhammet/Akkan Mine/Taş Korkmaz Hülya (Editörler), Pekcanıtez Usûl Medenî Usûl Hukuku, 15. Bası, İstanbul 2017. Pekcanıtez Hakan, Medenî Usûl Hukukunda Fer’i Müdahale, İzmir 1992. Pekcanıtez Hakan, Belirsiz Alacak Davası (HMK m. 107), Ankara 2011. Erdönmez Güray, Medenî Usûl Hukukunda Belgelerin İbrazı Mecburiyeti, 2. Bası, İstanbul 2014. Simil Cemil, Belirsiz Alacak Davası, İstanbul 2013. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Capacity to follow in an action |
| 2 | Accessory intervention |
| 3 | Conditions of action |
| 4 | Action for an unquantified debt |
| 5 | Preliminary observation |
| 6 | Reform |
| 7 | The substitution of a party |
| 8 | Proof, burden of proof |
| 9 | Sort of proof |
| 10 | Duty to cooperate in the taking of evidence |
| 11 | Bill |
| 12 | Judgement |
| 13 | Appeal |
| 14 | Interim injunction |
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 positive norms in private law and being able to define and explain the principals of methodology, | X | ||||
| 2 | Being able to determine, identify and restate legal problems, | X | ||||
| 3 | Being able to use legal interpretation principals in an efficient manner in order to analyze and resolve a legal problem and in order to develop a strategy, | X | ||||
| 4 | Being able to conduct academic researches on legal problems and to propose solutions, | X | ||||
| 5 | Assuming responsibility individually or collectively for resolving complicated legal problems, | X | ||||
| 6 | Being able to criticise positive norms of the law system, | X | ||||
| 7 | Being able to explain technical legal knowledge in private law 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 | ||||
| 8 | 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 | ||||
| 9 | Being able to conduct comparative academic researches between different law systems, | X | ||||
| 10 | Being able to explain and utilize academic study methodologies in order to conduct academic research on a certain legal problem. | X | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 7 | 98 |
| Assignments | 1 | 5 | 5 |
| Presentation | 1 | 5 | 5 |
| Final Examinations (including preparation) | 1 | 8 | 8 |
| Seminar | 1 | 20 | 20 |
| Total Workload | 164 | ||
| Total Workload / 25 | 6,56 | ||
| Credits ECTS | 7 | ||