Appeal of Court Awards(ÖHYL-336)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHYL-336 | Appeal of Court Awards | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Masters Degree |
| Course Instructor(s) | Nur BOLAYIR nurbolayir@yahoo.com (Email) |
| Assistant | |
| Objective |
The aim of this course is to teach the legal remedies that can be applied against the decision given as a result of the trial before the first instance court in private law disputes, and to discuss current problems and solution proposals on the subject. In this context, the objectives of the course are to examine the legal remedies systems and their features, to understand all stages of the appeal trial, to examine the post-appeal appeal remedy, to be aware of the relevant Supreme Court jurisprudence and to analyze them effectively. Apart from this, this course enables the student to develop and deepen their knowledge of the concepts and institutions or methods of legal remedies at the level of expertise; It is aimed for the student to understand and make connections between the concepts and rules regarding legal remedies and to use the expert knowledge he has acquired in this field in the analysis of issues and problems related to legal theory and practice. |
| Content |
1. General information about appeal systems: Purpose, function, types 2. Appeals to the Regional Courts of Justice: In general 3. Appealable decisions for the Regional Courts of Justice, binding by the reasons on the application of the appeal, persons who can apply for appeal by the Regional Courts of Justice 4. Appeal review by the Regional Courts of Justice and its features 5. Decisions that may be made as a result of the appeal review by the Regional Courts of Justice 6. Appeals to the Supreme Court: In general 7. Appealable decisions for the Supreme Court 8. Grounds of appeal by the Supreme Court 9. Persons who can appeal by the Supreme Court, and its application 10. Appeal Review by the Supreme Court 11. Decision given as a result of the appeal review by the Supreme Court 12. Reformatio in peius 13. The concept of procedural vested rights 14. Discussion and general evaluation of current legal provisions, Constitutional Court and Supreme Court decisions |
| 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 and appeal legal remedies. will have a deep understanding of the differences between them. 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 and appeal stages valid in Turkish law and their distinctive features. - 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 and appeal provisions to be applied and the developments in them. - Becomes aware of the effects of the decisions of the courts of appeal and the precedents of the Supreme Court of Appeals on the trial procedure and the practice of legal remedies, learns the scientific opinions regarding them, 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. - Independently carries out a study that requires expertise in the field of legal remedies, and has the critical thinking structure and research ability required for the production of scientific work. - Can develop new approaches and produce solutions to solve complex problems related to legal remedies that are unpredictable and require expertise. |
| Teaching and Learning Methods | Lecturing |
| References |
Akil, Cenk; İstinaf Kavramı, 2010. Akkaya, Tolga; Medeni Usul Hukukunda İstinaf, 2009. Bulut, Uğur; Medeni Usul Hukukunda Temyiz İncelemesinin Kapsamı ve Sınırları. Kuru Baki / Aydın, Burak; Medenî Usul Hukuku El Kitabı, 2021. Meraklı Yayla, Deniz; Medeni Usul Hukuku'nda İstinaf Kanun Yolunda Yeniden Tahkikat Yapılması, 2013. Öztek, Sekçuk; Türk Medeni Yargılama Hukukunda İstinaf ve Temyiz, 2021. Pekcanıtez, Hakan / Atalay, Oğuz/ Özekes, Muhammet, Medenî Usûl Hukuku Ders Kitabı, 2022. Pekcanıtez, Hakan / Özekes, Muhammet / Akkan, Mine / Taş Korkmaz, Hülya; Pekcanıtez Usûl - Medenî Usûl Hukuku, 2017. Tok, Ozan; Temyiz Mahkemesinin Yapısı ve İşlevi, 2023. Yıldırım, M. Kamil; Hukuk Devletinin Gereği: İstinaf, 2000. Yılmaz, Ejder / Arslan, Ramazan, Taşpınar Ayvaz, Sema / Hanağası, Emel; Medenî Usul Hukuku, 2022. Yılmaz, Ejder; İstinaf, 2005. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | 1. General information about appeal systems: Purpose, function, types |
| 2 | 2. Appeals to the Regional Courts of Justice: In general |
| 3 | 3. Appealable decisions for the Regional Courts of Justice, binding by the reasons on the application of the appeal, persons who can apply for appeal by the Regional Courts of Justice |
| 4 | 4. Appeal review by the Regional Courts of Justice and its features |
| 5 | 5. Decisions that may be made as a result of the appeal review by the Regional Courts of Justice |
| 6 | 6. Appeals to the Supreme Court: In general |
| 7 | 7. Appealable decisions for the Supreme Court |
| 8 | 8. Grounds of appeal by the Supreme Court |
| 9 | 9. Persons who can appeal by the Supreme Court, and its application |
| 10 | 10. Appeal Review by the Supreme Court |
| 11 | 11. Decision given as a result of the appeal review by the Supreme Court |
| 12 | 12. Reformatio in peius |
| 13 | 13. The concept of procedural vested rights |
| 14 | 14. Discussion and general evaluation of current legal provisions, Constitutional Court and Supreme Court decisions |
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 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 | 6 | 84 |
| Assignments | 0 | 0 | 0 |
| Presentation | 2 | 20 | 40 |
| Midterm Examinations (including preparation) | 0 | 0 | 0 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 20 | 20 |
| 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 |
| Make-up | 0 | 0 | 0 |
| Total Workload | 172 | ||
| Total Workload / 25 | 6.88 | ||
| Credits ECTS | 7 | ||