Law of Succession
pguzel@gsu.edu.tr
Content
Objective
Acquiring comprehensive knowledge, skills and competences related to legal regulations, judicial decisions, concepts, theories and their development about inheritance law
Course Content
As shown under the subject headings (topic)
Course Learning Outcomes
The student:
1. Lists the concepts and institutions related to inheritance law and the relations between these concepts and institutions.
2. Is aware of the legal regulations related to inheritance law, judicial decisions, their development and scientific evaluations related to them.
3. Follows, examines, interprets, evaluates and criticises legislative texts, judicial decisions and scientific sources in the field of inheritance law with the methods provided by legal methodology.
4. Lists the problems encountered in the practice of inheritance law.
5. Solves the legal problems encountered in the practice of inheritance law.
6. Informs the relevant people and institutions about the issues related to law; conveys his/her thoughts and suggestions for solutions to problems in written and verbally with justification.
7. Uses information and communication technologies together with computer software at least at the European Computer Driving Licence Advanced Level required by the field of law.
8. 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.
9. Defends and protects the quality of the Republic of Turkey as a democratic, secular and social state of law based on the fundamental principles set out in the beginning of the Constitution, respectful to human rights, loyal to Atatürk's nationalism, within the peace of society, national solidarity and sense of justice.
10. Has the understanding of honesty, justice and ethics required by being a lawyer.
11. 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.
12. Has internalised the universal principles of law; has the competence to perceive and solve legal problems in terms of the law that is and should be.
Teaching and Learning Methods
Lecture, problem solving
References
Zahit İmre/Hasan Erman, Miras Hukuku, İstanbul, 2022.
Mustafa Dural/Turgut Öz, Miras Hukuku, İstanbul, 2022.
Rona Serozan/B. İlkay Engin, Miras Hukuku ve Uygulama Çalışmaları, İstanbul, 2022.
Ahmet Kılıçoğlu, Miras Hukuku, Ankara, 2021.
Suat Sarı, Uygulamalı Miras Hukuku, İstanbul, 2021.
Turkish civil code
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Subject of Succession Law, Legal Heirs, Appointed Heirs |
| 2 | Inheritance of Adopted Heirs and Spouse, Preliminary Information on Dispositions Mortis Causa, Capacity to Make Dispositions Mortis Causa |
| 3 | Formal Testamentary Dispositions, Official Wills, Hand Written Wills, Verbal Wills |
| 4 | Inheritance Agreements |
| 5 | Revocation, Destruction and Termination of the Will |
| 6 | General Information on Dispositions Mortis Causa in Material Sense |
| 7 | Types of Dispositions Mortis Causa in Material Sense |
| 8 | Midterm Exam |
| 9 | Interpretation and Invalidity of Dispositions Mortis Causa |
| 10 | Heirs with Reserved Shares, Disposition Rate, Reduction |
| 11 | Offsetting in Succession |
| 12 | Passing and Acquisition of Inheritance |
| 13 | Inheritance Partnership and Sharing of Inheritance |
| 14 | Final Exam |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 40 |
| Contribution of final exam to overall grade | 1 | 60 |
| Total | 2 | 100 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 1 | 40 |
| 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 |
| Total | 1 | 40 |
Relation of Proficiency
| 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 | ||||
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 3 | 42 |
| Working Hours out of Class | 14 | 1 | 14 |
| Midterm Examinations (including preparation) | 1 | 6 | 6 |
| Final Examinations (including preparation) | 1 | 12 | 12 |
| Total Workload | 74 | ||
| Total Workload / 25 | 2.96 | ||
| Credits ECTS | 3 | ||