Law of Enforcement-Bankruptcy I(HUK481)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK481 | Law of Enforcement-Bankruptcy I | 7 | 3 | 0 | 0 | 3 | 4 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Güray ERDÖNMEZ gerdonmez@gsu.edu.tr (Email) Nur BOLAYIR nurbolayir@yahoo.com (Email) Onat Kaan GÜZELCE okguzelce@gsu.edu.tr (Email) |
| Assistant | |
| Objective | The aim of the course is to teach the general principles of enforcement and bankruptcy law and regulations regarding compulsory enforcement. In this context, teaching the concepts and institutions related to Enforcement and Bankruptcy law and the relationships between these concepts and institutions; The student should be aware of the legal regulations in this field, the decisions of the judicial bodies, their development and scientific evaluations regarding them; Knowing the problems encountered in legal practice and producing solutions to them are among the objectives of the course. |
| Content |
General information about law of enforcement Organization of the enforcement system (primary and secondary organs) Complaint Notification- time- case of suspension Parties of the proceedings Proceedings without executor title (follow-up request, order of payment) Opposition to order of payment-cancel of the follow Definitive and temporary objection to the opposition Negative declaratory action, case recovered Declaration of assets-sequestration Participation to sequestration Redemption of goods Sharing of the money Proceedings by bill of exchange |
| Course Learning Outcomes |
Students who successfully complete this course will have the following competencies: - Understands the objectives specified in the course objective section and understands the principles of the coercive execution system. - Examines, interprets and evaluates legislative texts, judicial decisions and scientific sources using the methods provided by legal methodology. - Solve the problems encountered in legal practice based on legislative texts, judicial decisions and scientific sources. - Resolves legal disputes by evaluating legislative texts, judicial decisions and opinions in doctrine. - Takes responsibility individually and as a team member to solve unforeseen complex problems encountered in legal practice. - Evaluates by monitoring the developments in legal theory and practice. - Evaluates the knowledge and skills acquired in the field of law with a critical approach. - Expresses his thoughts on issues related to civil procedure law and solutions to problems, both verbally and in writing, with justification. - Expresses his thoughts on issues related to civil procedure law and solutions to problems, both verbally and in writing, with justification. - Has the understanding of honesty, justice and ethics that being a lawyer requires. - It has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and to take part in the trial process within this framework. - Assimilated the principles of universal law; Has the ability to perceive and solve legal problems in terms of law. |
| Teaching and Learning Methods |
Oral lecture, Practical studies, Student presentations and in-class discussions. |
| References | Hakan Pekcanıtez/Oğuz Atalay/Meral Sungurtekin Özkan/ Muhammet Özekes, İcra İflâs Hukuku Ders Kitabı, 9. Bası, İstanbul 2023. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | General information about law of enforcement |
| 2 | Organization of the enforcement system (primary and secondary organs) |
| 3 | Complaint |
| 4 | Notification- time- case of suspension |
| 5 | Parties of the proceedings |
| 6 | Proceedings without executor title (follow-up request, order of payment) |
| 7 | Opposition to order of payment-cancel of the follow |
| 8 | Definitive and temporary objection to the opposition |
| 9 | Negative declaratory action, case recovered |
| 10 | Declaration of assets-sequestration |
| 11 | Participation to sequestration |
| 12 | Redemption of goods |
| 13 | Sharing of the money |
| 14 | Proceedings by bill of exchange |
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 | 100 |
| 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 | 100 |
| 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 | 14 | 3 | 42 |
| Midterm Examinations (including preparation) | 1 | 4 | 4 |
| Project | 1 | 3 | 3 |
| Final Examinations (including preparation) | 1 | 6 | 6 |
| Quiz | 1 | 2 | 2 |
| Total Workload | 99 | ||
| Total Workload / 25 | 3,96 | ||
| Credits ECTS | 4 | ||