Law of Enforcement-Bankruptcy II(HUK482)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK482 | Law of Enforcement-Bankruptcy II | 8 | 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 |
This course examines specific enforcement procedures and introduces bankruptcy law. The first part is dedicated to the enforcement of judgments (ilâmlı icra) and the foreclosure of pledges, covering both movable and immovable property. Provisional remedies, particularly the precautionary attachment (ihtiyati haciz), are also studied. The second part of the course focuses on bankruptcy law. Following a general introduction, it covers the different methods of initiating bankruptcy (direct or with prior prosecution), the bankruptcy organs, and its legal consequences for both the debtor and the creditors. The process of bankruptcy liquidation, including the realization of assets and the distribution of proceeds, is analyzed in detail. The course concludes with the study of specific actions such as the action for annulment of dispositions (avoidance action, tasarrufun iptali davası). The objective is to enable students to master these complex procedures based on a critical analysis of legislation, case law, and doctrine. For details on the topics, see the subject headings. |
| 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 Execution and Bankruptcy law and offers 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 |
| References | Hakan Pekcanıtez/Oğuz Atalay/Meral Sungurtekin Özkan/ Muhammet Özekes, İcra İflâs Hukuku Ders Kitabı, İstanbul, 2023. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Proceedings with executor title |
| 2 | Proceedings by cashing pledge |
| 3 | Proceedings by mortgage liquidation |
| 4 | Conservatory sequestration |
| 5 | General information about the bankruptcy |
| 6 | Organs of bankruptcy |
| 7 | Bankruptcy procedure following a lawsuit process |
| 8 | Bankruptcy procedure without a lawsuit process |
| 9 | Postponement of bankruptcy |
| 10 | Results of bankruptcy for the debtor |
| 11 | Results of bankruptcy for the creditor |
| 12 | Liquidation of bankruptcy |
| 13 | Redemption of goods-sharing the money |
| 14 | Nullity action |
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 |
| Make-up | 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 | 3 | 14 | 42 |
| Working Hours out of Class | 3 | 14 | 42 |
| Assignments | 0 | 0 | 0 |
| Presentation | 1 | 3 | 3 |
| Midterm Examinations (including preparation) | 1 | 4 | 4 |
| Project | 0 | 0 | 0 |
| Laboratory | 0 | 0 | 0 |
| Other Applications | 0 | 0 | 0 |
| Final Examinations (including preparation) | 0 | 0 | 0 |
| Quiz | 1 | 2 | 2 |
| 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 | 93 | ||
| Total Workload / 25 | 3.72 | ||
| Credits ECTS | 4 | ||