Current Problems in Enforcement and Bankruptcy Law(ÖHDR-394)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHDR-394 | Current Problems in Enforcement and Bankruptcy Law | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Doctoral Degree |
| Course Instructor(s) | Güray ERDÖNMEZ gerdonmez@gsu.edu.tr (Email) |
| Assistant | |
| Objective | Within the scope of this course, it is aimed to discuss in depth the important issues of Enforcement and Bankruptcy Law in terms of both theory and practice and to present the current problems of Enforcement and Bankruptcy Law and possible solutions to them. In this context, the objectives of the course are to gain an advanced understanding of the subjects of follow-up by converting the pledge into cash, cancellation of disposition cases, composition, bankruptcy and provisional lien. Combining current and advanced knowledge regarding the concepts, institutions and methods of the field of enforcement and bankruptcy law with original thought and research, and ensuring a development at the level of expertise in this respect; It is aimed for the student to reach a level where he/she can reach innovative, original definitions and qualifications regarding the concepts, institutions and methods in question. In this course, it is aimed for the student to be able to analyze the theory and practice of enforcement and bankruptcy law by combining it with the research he has acquired or his knowledge at the level of expertise, and to reach new and original results and ideas based on this. |
| Content |
1. Maritime Enforcement Law I 2. Maritime Enforcement Law II 3. Enforcement by way of Foreclosure of Pledge I 4. Pursuit by way of Foreclosure II 5. Cancellation of Savings Cases I 6. Cancellation of Disposals II 7. Concordat I 8. Concordat II 9. Precautionary Attachment I 10. Precautionary Attachment II 11. Bankruptcy Law I 12. Bankruptcy Law II 13. Practical Problems in Enforcement and Bankruptcy Law I 14. Practical Problems in Enforcement and Bankruptcy Law II |
| Course Learning Outcomes |
Students who successfully complete this course will have the following competencies: Examines all concepts related to enforcement and bankruptcy law and reveals in depth the relationship between proof and evidence, and evaluates judicial decisions on the subject. Evaluates issues in the field of enforcement and bankruptcy law with new thoughts, different approaches or methods. Researches and diagnoses new concepts on this subject from an original perspective. Develops solution suggestions regarding legal policy based on theoretical and applied knowledge. Can research the current problems and new concepts and theories of enforcement and bankruptcy law from an original perspective, and reaches the level of ability to independently carry out an original study on this subject; thus, it can contribute to legal theory and practice.Gains experience in producing scientific works and develops research skills in at least one foreign language for this purpose. |
| Teaching and Learning Methods | Lecturing and student presentations |
| References |
1. Berkin, Necmeddin M., Tatbikatçılara İcra Hukuku Rehberi, İstanbul 1980. 2. Kuru Baki, İcra ve İflâs Hukuku El Kitabı, 2. Baskı, İstanbul 2013. 3. Kuru Baki, İstinaf Sistemine Göre İcra ve İflâs Hukuku Ders Kitabı, 5. Baskı, Ankara 2020. 4. Arslan Ramazan/Yılmaz Ejder/ Ayvaz Taşpınar Sema/Hanağası Emel, İcra ve İflâs Hukuku, Ankara 2023. 5. Pekcanıtez Hakan/Atalay Oğuz/Sungurtekin Özkan Meral/ Özekes Muhammet, İcra ve İflâs Hukuku Ders Kitabı, İstanbul, 2023. 6. Üstündağ Saim, İcra Hukukunun Esasları, 8. Bası, İstanbul 2004. 7. Postacıoğlu İlhan/Altay Sümer, İcra Hukuku Esasları, 5. Bası, İstanbul 2010. 8. Muşul Timuçin, İcra ve İflâs Hukuku, 6. Bası, Ankara 2013. 9. Atamer Kerim, Deniz Ticareti Hukuku Cilt IV. Deniz İcra Hukuku, İstanbul 2019. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | 1. Maritime Enforcement Law I |
| 2 | 2. Maritime Enforcement Law II |
| 3 | 3. Enforcement by way of Foreclosure of Pledge I |
| 4 | 4. Pursuit by way of Foreclosure II |
| 5 | 5. Cancellation of Savings Cases I |
| 6 | 6. Cancellation of Disposals II |
| 7 | 7. Concordat I |
| 8 | 8. Concordat II |
| 9 | 9. Precautionary Attachment I |
| 10 | 10. Precautionary Attachment II |
| 11 | 11. Bankruptcy Law I |
| 12 | 12. Bankruptcy Law II |
| 13 | 13. Practical Problems in Enforcement and Bankruptcy Law I |
| 14 | 14. Practical Problems in Enforcement and Bankruptcy Law II |
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 | 1 | 0 |
| Presentation | 2 | 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 |
| Make-up | 0 | 0 |
| Toplam | 3 | 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) | 1 | 10 | 10 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 10 | 10 |
| 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 | ||