Law of Obligations II (General Provisions) (HUK222)

Content

Objective

The objective of the course is to teach the general concepts of the law of obligations

Course Content

As shown under the subject headings (topics)

Course Learning Outcomes

Student:

1. List the concepts and institutions related to the law of obligations and the relations between these concepts and institutions.
2. To be aware of the legal regulations, judicial decisions and scientific evaluations related to the law of obligations.
3. Monitors, examines, interprets, evaluates and criticizes legislative texts, judicial decisions and scientific sources in the field of law of obligations with the methods provided by legal methodology.
4. List and solve the problems encountered in the practice of the law of obligations.
5. To be able to convey his/her thoughts on issues related to the law of obligations and his/her suggestions for solutions to problems in written and orally.
6. Follows the information in the field of law and communicates with colleagues by using a foreign language at least at the European Language Portfolio B1 General Level.
7. Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and to take part in the judicial process within this framework.
8. Has internalized the universal principles of law; has the competence to perceive and solve legal problems in terms of the law that is and should be.

Teaching and Learning Methods

Lecture, problem-solving

References

Kemal Oğuzman, Turgut Öz, Borçlar Hukuku Genel Hükümler, Cilt I, İstanbul 2024.
Kemal Oğuzman, Turgut Öz, Borçlar Hukuku Genel Hükümler, Cilt II, İstanbul 2024.
Fikret Eren, Borçlar Hukuku, Genel Hükümler, İstanbul 2024.
Pierre Tercier, Pascal Pichonnaz, Murat Develioğlu, Borçlar Hukuku Genel Hükümler, İstanbul, 2020.
Pierre Tercier, Pascal Pichonnaz, Droit des obligations, Zürich, 2019.
S. Sulhi Tekinay, Haluk Burcuoğlu, Sermet Akman, Atilla Altop, Borçlar Hukuku, Genel Hükümler, İstanbul 1993.
Haluk Nomer, Borçlar Hukuku Genel Hükümler, İstanbul, 2023.
Necip Kocayusufpaşaoğlu, Borçlar Hukuku Genel Hükümler Cilt I, Filiz Kitabevi, 2017.
Pierre Engel, Traité des obligations en droit suisse, 2ème édition, 1997.
Commentaire Romand Code des obligation art. 1-529, 3ème édition, Bâle, 2021.
Türk Borçlar Kanunu, İsviçre Borçlar Kanunu, İçtihat

Weekly Contents

Theory Topics
Week	Weekly Contents
1	Tort
2	Civil liability relying on fault
3	Action for damages
4	Simple causal liability (simple objective liability)
5	Simple causal liability within the Code of Obligations
6	Liabilities regulated by the Law on Road Traffic
7	Damages for personal injury
8	Multiple liabilities, multiple liable parties
9	Unjust enrichment
10	Guarantee of performance by third party, contracts conferring rights on third parties.
11	Joint and several debtors, joint and several creditors
12	Conditional obligations, contractual penalty
13	Assignment of receivables
14	Assumption of debt, assignment of agreement

Practice Topics
Week	Weekly Contents
1	Tort
2	Civil liability relying on fault
3	Action for damages
4	Simple causal liability (simple objective liability)
5	Simple causal liability within the Code of Obligations
6	Liabilities regulated by the Law on Road Traffic
7	Damages for personal injury
8	Multiple liabilities, multiple liable parties
9	Unjust enrichment
10	Guarantee of performance by third party, contracts conferring rights on third parties.
11	Joint and several debtors, joint and several creditors
12	Conditional obligations, contractual penalty
13	Assignment of receivables
14	Assumption of debt, assignment of agreement

Assessment System

Contribution to Overall Grade
Activities	Number	Contribution
Contribution of in-term studies to overall grade	1	40
Contribution of final exam to overall grade	1	60
Total	2	100

In-Term Studies
Activities	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
Total	1	40

Relation of Proficiency

No	Program Learning Outcomes	Contribution
No	Program Learning Outcomes	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

ECTS

Activities	Number	Period	Total Workload
Class Hours	14	4	56
Working Hours out of Class	1	14	14
Assignments	0	0	0
Presentation	0	0	0
Midterm Examinations (including preparation)	1	28	28
Project	0	0	0
Laboratory	0	0	0
Other Applications	0	0	0
Final Examinations (including preparation)	1	28	28
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			126
Total Workload / 25			5.04
Credits ECTS			5