Comparative Private Law(HUK228)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK228 | Comparative Private Law | 4 | 2 | 0 | 0 | 2 | 3 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | French |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Sinan Hüdai YÜKSEL syuksel@gsu.edu.tr (Email) Hayriye Dilara ABBASOĞLU hdabbasoglu@gsu.edu.tr (Email) Ömer Mert YILMAZ omyilmaz@gsu.edu.tr (Email) |
| Assistant | |
| Objective | The aim of this course is to examine the basic concepts of private law in a comparative manner and to enable students to interpret the rules of law comparatively by working on this subject. Second, to examine the interactions between legal systems and to discuss the universality of law. |
| Content |
1. Introduction 2. Comparative Law Method 3. Interpretation of Legal Rules 4. Interpretation of Legal Rules 5. Legal Creation of the Judge (Turkish Law) 6. Judge's Creation of Law (Comparative Law) 7. Lex mercatoria 8. Vienna Exchange Agreement 9. Vienna Purchase Agreement 10. Comment on the Vienna Agreement 11. Interpretation of the Vienna Purchase Contract 12. Transfer of Legal Rules 13. The effect of foreign legal systems in Turkish law |
| Course Learning Outcomes |
1- Examination of the basic rules of private law. 2- Teaching the comparative law technique 3- Introduction of foreign legal systems 4- Study of interpretation in Turkish law and comparative law 5- Introduction of international trade law |
| Teaching and Learning Methods | Theoretical lecture |
| References |
Selâhattin Sulhi Tekinay, Medenî Hukukun Genel Esasları ve Gerçek Kişiler Hukuku, Altıncı Bası, İstanbul 1992. Seyfullah Edis, Medenî Hukuka Giriş ve Başlangıç Hükümleri, 2. Bası, Ankara 1983. Pascal Pichonnaz / Bénedict Foex, Commentaire romand - Code civil I, Bâle 2010. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Introduction |
| 2 | Comparative Law Method |
| 3 | Interpretation of Legal Rules |
| 4 | Legal Creation of the Judge (Turkish Law) |
| 5 | Judge's Creation of Law (Comparative Law) |
| 6 | Lex mercatoria |
| 7 | Vienna Exchange Agreement |
| 8 | Interpretation of the Vienna Purchase Contract |
| 9 | Transfer of Legal Rules |
| 10 | The effect of foreign legal systems in Turkish law |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 50 |
| Contribution of final exam to overall grade | 1 | 50 |
| Toplam | 2 | 100 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Assignments | 1 | 50 |
| 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 | 1 | 50 |
| 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 | 13 | 2 | 26 |
| Working Hours out of Class | 10 | 4 | 40 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 | 0 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 0 | 0 | 0 |
| Quiz | 0 | 0 | 0 |
| Term Paper/ Project | 0 | 0 | 0 |
| Portfolio Study | 0 | 0 | 0 |
| Reports | 0 | 0 | 0 |
| Learning Diary | 0 | 0 | 0 |
| Thesis/ Project | 0 | 0 | 0 |
| Seminar | 0 | 0 | 0 |
| Other | 0 | 0 | 0 |
| Total Workload | 66 | ||
| Total Workload / 25 | 2.64 | ||
| Credits ECTS | 3 | ||