Appeal(HUK486)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK486 | Appeal | 8 | 2 | 0 | 0 | 2 | 2 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Nur BOLAYIR nurbolayir@yahoo.com (Email) Onat Kaan GÜZELCE okguzelce@gsu.edu.tr (Email) |
| Assistant | |
| Objective | Examination of problematic matters of the appeal |
| Content |
Subject matter of appeal Objective of the appeal Waive from appeal Reformatio in Peius Appealable decisions Reasons to appeal Persons authorized to appeal Territorial Competence Request of appeal Preliminary observation Inquiry Form of the decision Refusal of request Other decisions on appeal |
| Course Learning Outcomes |
Students who complete this course will learn the legal remedies that they can apply against the decision given by the first instance court, the application methods and application periods for these remedies, the problems related to legal remedies within the framework of current court precedents and new regulations and the solution suggestions in the doctrine, as well as the qualifications of appeal legal remedies, Turkish will understand the appeal system in law. In this context, students taking the course will have the following competencies: - Knows the nature of the verdict given by the first instance courts. - Understands the appeal system valid in Turkish law and the distinctive features of this procedure. - Learns the legal remedies that can be applied against the decision given by the court, the methods of applying for these remedies and the application periods. - Learns the appeal provisions to be applied and the developments in them. - Be aware of the effects of the decisions of the courts of appeal and the jurisprudence of the Supreme Court of Appeals on the trial procedure and practice regarding appeal; learns the scientific views on these and analyzes all of them from a critical perspective. - Can evaluate and interpret the expert knowledge he has learned regarding legal remedies together with his knowledge in different fields of law and create new opinions based on these. - Can solve the problems encountered in legal theory and practice by using research methods specific to the field of law. - Can develop new approaches to existing and possible problems regarding appeal and offer solutions. |
| Teaching and Learning Methods | Oral |
| References |
Pekcanıtez Hakan/Özekes Muhammet/Akkan Mine/Taş Korkmaz Hülya (Editörler), Pekcanıtez Usûl Medenî Usûl Hukuku, 15. Bası, İstanbul 2017. Pekcanıtez Hakan/Atalay Oğuz/Özekes Muhammet, Medenî Usûl Hukuku Ders Kitabı, 5. Bası, İstanbul 2017. Kuru Baki, İstinaf Sistemine Göre Yazılmış Medenî Usûl Hukuku Ders Kitabı, İstanbul 2017. Özekes Muhammet, 100 Soruda Medenî Usûl Hukukunda Yeni Kanun Yolu Sistemi İstinaf ve Temyiz, 3. Bası, Ankara 2016. Akil Cenk, İstinaf Kavramı, Ankara 2010. Akkaya Tolga, Medenî Usûl Hukukunda İstinaf, Ankara 2009. Meraklı Yayla Deniz, Medenî Usûl Hukukunda İstinaf Kanun Yolunda Yeniden Tahkikat Yapılması, Ankara 2014. Albayrak Adem, Hukukta İstinaf Uygulaması (6100 Sayılı HMK’ya Göre Hazırlanmış), 3. Baskı, Ankara 2017. Çiftçi Murat Özgür, Medeni Yargılama Hukukunda İstinaf, Ankara 2016. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Subject matter of appeal |
| 2 | Objective of the appeal |
| 3 | Waive from appeal |
| 4 | Reformatio in Peius |
| 5 | Appealable decisions |
| 6 | Reasons to appeal |
| 7 | Persons authorized to appeal |
| 8 | Territorial Competence |
| 9 | Request of appeal |
| 10 | Preliminary observation |
| 11 | Inquiry |
| 12 | Form of the decision |
| 13 | Refusal of request |
| 14 | Other decisions on appeal |
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 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 | 2 | 28 |
| Working Hours out of Class | 5 | 1 | 5 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 4 | 4 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 2 | 2 |
| 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 | 39 | ||
| Total Workload / 25 | 1,56 | ||
| Credits ECTS | 2 | ||