Law of Property II(HUK324)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK324 | Law of Property II | 6 | 3 | 0 | 0 | 3 | 3 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | Mehmet ERDEM mehmeterdemus@yahoo.com (Email) Ayşe Tuba AKÇURA KARAMAN karaman.tuba@gmail.com (Email) Doğan KARA dkara@gsu.edu.tr (Email) Yankı YENER yyener@gsu.edu.tr (Email) |
| Assistant | |
| Objective | To provide the student with knowledge of the fundamental concepts of Property Law. |
| Content | Indicated in the subject headings. |
| Course Learning Outcomes |
The student: 1. Lists the concepts and institutions of property law and the relationships between these concepts and institutions. 2. Becomes informed about the legal regulations relating to property law, the decisions of judicial bodies, their development, and the scholarly analyses concerning them. 3. Follows, examines, interprets, evaluates, and critiques legislative texts, judicial decisions, and academic sources in the field of property law using the methods provided by legal methodology. 4. Identifies the problems encountered in the practice of property law. 5. Resolves the legal issues encountered in the practice of property law. 6. Follows legal information and communicates with colleagues by using a foreign language at least at the B1 level of the Common European Framework of Reference for Languages (CEFR). 7. Possesses the foundational skills necessary to work toward the fair resolution of concrete disputes, to follow legal developments, and, within this framework, to take part in judicial processes. 8. Has internalized universal principles of law and has the competence to perceive and resolve legal problems from the perspectives of both the law as it is (de lege lata) and the law as it ought to be (de lege ferenda). |
| Teaching and Learning Methods |
Lectures. Problem-solving based on practical applications. |
| References |
Kemal Oğuzman, Özer Seliçi, Saibe Oktay Özdemir, Eşya Hukuku, Istanbul, 2024. Kemal Oğuzman, Özer Seliçi, Saibe Oktay Özdemir, Eşya Hukuku – Kısa Ders Kitabı, Istanbul, 2022. Selahattin Sulhi Tekinay, Sermet Akman, Haluk Burcuoğlu, Atilla Altop, Tekinay Eşya Hukuku, Vol. I, Istanbul, 1989. Lale Sirmen, Eşya Hukuku, Ankara, 2024. Jale G. Akipek, Turgut Akıntürk, Derya Ateş, Eşya Hukuku, Istanbul, 2018. Haluk Nomer, Serkan Ergüne, Eşya Hukuku, Istanbul, 2023. Mehmet Ünal, Veysel Başpınar, Şekli Eşya Hukuku, Ankara, 2020. O. Gökhan Antalya, Eşya Hukuku, Vol. I–III, Istanbul, 2018. Commentaire Romand, Code civil II, art. 457–977, Basel, 2016. Paul-Henri Steinauer, Les droits réels, Bern, 2012. Turkish Civil Code Swiss Civil Code |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Immovable Property Ownership (Acquisition by Registration and Acquisition Without Registration) |
| 2 | Acquisition of Immovable Property Ownership by Prescription – Loss of Immovable Property Ownership |
| 3 | Scope of Immovable Property Ownership (Unauthorised Construction – Encroaching Construction) |
| 4 | Restrictions on Immovable Property Ownership – Liability of the Owner of the Immovable |
| 5 | Condominium Ownership |
| 6 | Movable Property Ownership (Subject Matter – Types of Acquisition) |
| 7 | The Concept of Limited Real Rights |
| 8 | Easement Rights – Their Types |
| 9 | Usufruct Right |
| 10 | Right of Habitation – Right of Superficies – Land Charge |
| 11 | Pledge Rights – Pledge on Immovable Property and Its Termination |
| 12 | Pledge on Immovable Property in Foreign Currency – Scope of Security – Prohibition of Lex Commissoria – Scope of Security in Immovable-Property Pledge |
| 13 | Mortgage |
| 14 | Movable Pledge |
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 | 40 |
| 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 | 1 | 40 |
| 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 | 1 | 14 |
| Assignments | 0 | 0 | 0 |
| Presentation | 0 | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 6 | 6 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 1 | 12 | 12 |
| 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 | 74 | ||
| Total Workload / 25 | 2.96 | ||
| Credits ECTS | 3 | ||