Violations of personality rights in theory and in pratice(ÖHYL-379)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHYL-379 | Violations of personality rights in theory and in pratice | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Masters Degree |
| Course Instructor(s) | Pınar GÜZEL pguzel@gsu.edu.tr (Email) |
| Assistant | |
| Objective | To acquire comprehensive knowledge, skills and competence in the concept of personality rights, the elements included in personality law and common violations of personality rights in practice. |
| Content | As shown under the subject headings (topics) |
| Course Learning Outcomes |
The student: 1. Develops and deepens his/her knowledge on the concept of the right of personality and the elements of the right of personality at the level of expertise. 2. Establishes a connection by comprehending the interaction between the law of persons and the concepts, institutions and methods of fundamental rights and other related social sciences. 3. Uses his/her knowledge on the right of personality at the level of expertise in the analysis of problems related to legal theory and practice and related judicial decisions. 4. Interpret the specialized knowledge acquired in the field of personality rights by evaluating it together with the knowledge of different disciplines and create new knowledge based on them. 5. Solves the problems encountered in the theory and practice of personality rights by using research methods specific to the field of law. 6. Conducts a study that requires expertise in the field of personality rights independently. 7. Evaluates the knowledge and skills acquired in the field of personality rights with a critical approach and directs individual learning and research studies in this direction. 8. To be able to systematically transfer the knowledge acquired in the field of personality rights at the level of expertise, current developments in the theory and practice of law, and the course of jurisprudence in written and oral form in the classroom. Student 9. Critically questions legal concepts and institutions, established legal practice and legal rules, and to develop and attempt to change them when necessary. 10. Uses information and communication technologies, online research databases and case law banks at an advanced level together with computer software at the level required by the field of law. 11. Internalizes social, scientific and ethical values in the processes of acquiring, processing and evaluating information related to the field of private law. 12. Develops and teaches the understanding of honesty, justice and ethics required by being a lawyer. |
| Teaching and Learning Methods | lecture, presentation, discussion |
| References |
M. Kemal OĞUZMAN, Özer SELİÇİ, Saibe OKTAY ÖZDEMİR, Kişiler Hukuku (Gerçek ve Tüzel Kişiler), 21. Bası, Filiz Kitabevi, İstanbul, 2022 Mustafa DURAL, Prof. Dr. Tufan ÖĞÜZ, Türk Özel Hukuku Cilt II Kişiler Hukuku, 23. Bası, Filiz Kitabevi, İstanbul, 2022 Rona Serozan / Baki İlkay Engin / Yeşim M. Atamer, Serozan Medeni Hukuk Genel Bölüm / Kişiler Hukuku, 9. Bası, On İki Levha, İstanbul, 2022 Rona Serozan, Çocuk Hukuku, Vedat Kitapçılık, İstanbul, 2017 Texts of relevant national legislation and international agreements |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Personality and the characteristics of personality rights, the elements covered by personality rights |
| 2 | Violation of personality rights by legal acts (Turkish Civil Code Art. 23) and the penalty for violation of Art. 23 of the Turkish Civil Code |
| 3 | Violation of personality rights by wrongful acts and actions granted to the person whose personality rights have been violated |
| 4 | Protection of a person's name in light of current case law |
| 5 | Protection of the life, health and physical integrity of the person, conditions of legality of medical interventions in general |
| 6 | Protection of personality with regard to interventions for the transplantation of organs and tissues and medical interventions concerning sexual activity |
| 7 | Protection of human dignity |
| 8 | Mid-term exam |
| 9 | Protection of privacy and secrets, case law on privacy and freedom of the press |
| 10 | Protection of the right of the person to his image and his voice |
| 11 | Protection of personal data containing elements subject to personality rights and particularly violations committed via social networks |
| 12 | Prenatal and post-mortem personality protection theories |
| 13 | Protection of the child's personality rights |
| 14 | Final exam |
Practice Topics
| Week | Weekly Contents |
|---|---|
| 1 | |
| 2 | |
| 3 | |
| 4 | |
| 5 | |
| 6 | |
| 7 | |
| 8 | |
| 9 | |
| 10 | |
| 11 | |
| 12 | |
| 13 | |
| 14 |
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 2 | 50 |
| Contribution of final exam to overall grade | 1 | 50 |
| Toplam | 3 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 1 | 40 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 10 |
| 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 | 2 | 50 |
| 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 | 5 | 70 |
| Assignments | 14 | 5 | 70 |
| Total Workload | 168 | ||
| Total Workload / 25 | 6,72 | ||
| Credits ECTS | 7 | ||