Law of Obligations II (Special Provisions)(HUK322)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK322 | Law of Obligations II (Special Provisions) | 6 | 3 | 0 | 0 | 3 | 3 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Mehtap İPEK İŞLETEN mipek@gsu.edu.tr (Email) Eylem IŞIK (Email) |
| Assistant | |
| Objective | The objective of the course is to provide basic information about contracts that are frequently encountered in practice. |
| Content | As shown under the subject headings (topics) |
| Course Learning Outcomes |
Student: 1. List the concepts and institutions related to contracts and the relations between these concepts and institutions. 2. The student is aware of the legal regulations, judicial decisions, their development and scientific evaluations related to contracts in the context of the Code of Obligations. 3. To follow, examine, interpret, evaluate and criticize legislative texts, judicial decisions and scientific sources in the field of contract types with the methods provided by legal methodology. 4. List the problems encountered in practice regarding named and unnamed contracts. 5. Solves the legal problems encountered in practice regarding named and unnamed contracts. 6. Follows the information in the field of law and communicates with colleagues by using a foreign language at least at the European Language Portfolio B1 General Level. 7. Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and to take part in the judicial process within this framework. |
| Teaching and Learning Methods | Lecture, problem-solving |
| References |
Prof. Dr. Haluk Tandoğan, Borçlar Hukuku Özel Borç İlişkileri C. II, Tıpkı bası 2010 Prof. Dr. Fikret Eren, Borçlar Hukuku Özel Hükümler, Yetkin Yayınları 2022 Borçlar Hukuku Özel Hükümler , Editör Prof. Dr. Turgut ÖZ, 2023 Prof. Dr. Mustafa Alper Gümüş, Borçlar Hukuku Özel Hükümler, 2023 Prof. Dr. Cevdet Yavuz, Prof. Dr. Faruk Acar, Prof. Dr. Burak Özen, Borçlar Hukuku Dersleri, Özel Hükümler, 2023 Prof. Dr. Aydın ZEVKLİLER, Prof. Dr. K. Emre GÖKYAYLA, Borçlar Hukuku, Özel Borç İlişkileri, 2021 Prof. Dr. Ahmet M. KILIÇOĞLU, Borçlar Hukuku Özel Hükümler, 2023 Prof. Dr. Murat Aydoğdu, Doç. Dr. Nalan Kahveci, Türk Borçlar Hukuku Özel Borç İlişkileri(Sözleşmeler Hukuku), 2023 |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Evaluation of the general provisions of the lease agreement, elements, nature, characteristics, parties of the agreement |
| 2 | Rights and obligations of the parties in the lease agreement: Lessor's obligation to deliver, lessee's obligation to pay wages, lessor's responsibility for defects and possession |
| 3 | Termination of the lease agreement: Termination of the lease agreement for ordinary and extraordinary reasons, the lessee's obligation to return the leased property |
| 4 | Application area of the provisions on residential and roofed workplace leases, determination of the rental price |
| 5 | Termination of residential and roofed workplace leases: termination by notification, termination by lawsuit (termination due to reasons arising from the lessee, termination due to reasons arising from the lessor) |
| 6 | Definition, elements, characteristics, rights and obligations of the parties, termination, consequences of termination of the usufructuary lease |
| 7 | Use lending and consumption lending contracts, the characteristics of these contracts, the rights and obligations of the parties, termination of the contract |
| 8 | Mandate: Definition, elements, features |
| 9 | Termination of the mandate, consequences of termination |
| 10 | Brokerage contract, definition, characteristics, rights and obligations of the parties, termination of the contract |
| 11 | Agency without authority |
| 12 | Suretyship Agreement: nature, elements, characteristics, types |
| 13 | Termination of the Suretyship Agreement : Termination in accordance with the law, termination for reasons specific to suretyship |
| 14 | Definition, nature, difference from suretyship, conclusion and termination of the guarantee agreement |
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) | 1 | 40 |
| 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 | 40 |
| 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 | 14 | 3 | 42 |
| Working Hours out of Class | 0 | 0 | 0 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 14 | 14 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 14 | 14 |
| 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 | 70 | ||
| Total Workload / 25 | 2.80 | ||
| Credits ECTS | 3 | ||