Proceedings for Collusion and Avoidance of Legal Acts (EHYL-346)

Content

Objective

Objective of the course is to understand the difference between the collusion action and the nullity action and to solve the problems that it meets in practice

Course Content

This course provides an in-depth examination of the institutions of collusion and revocatory action within the context of substantive law and enforcement law. In the first phase, the concept of collusion, its types, and its effects, particularly in the law of obligations and inheritance law, are discussed. In the second phase, revocatory actions under the Execution and Bankruptcy Law are detailed. Within this framework, the subject of the action, onerous and gratuitous transactions, and voidable transactions made with the intent to harm creditors are examined. Additionally, procedural aspects such as the competent court and jurisdiction, time limits for filing a lawsuit, parties to the action, and trial procedure are covered. Finally, the relationship between collusion and revocatory action is analyzed, and the consequences of the revocatory action in terms of enforcement and bankruptcy law are evaluated in the light of case law.

Course Learning Outcomes

Upon successful completion of this course, students will be able to:

Define the concepts of collusion and revocatory action along with their legal foundations, and distinguish the structural differences between these two institutions.

Evaluate the effects and legal consequences of collusion within the scope of the law of obligations and inheritance law.

Identify onerous, gratuitous, and fraudulently intended transactions that may be the subject of a revocatory action.

Fully grasp the procedural conditions of the revocatory action (parties, competent court and jurisdiction, time limits, and trial procedure).

Apply the acquired theoretical knowledge to practical legal disputes within the framework of the consequences of the revocatory action in enforcement and bankruptcy law.

Teaching and Learning Methods

Oral

References

Hakan Pekcanıtez/Oğuz Atalay/Meral Sungurtekin Özkan/ Muhammet Özekes, İcra ve İflâs Hukuku Ders Kitabı, 7. Bası, İstanbul 2020.
Baki Kuru, İcra ve İflas Hukuku El Kitabı, 2. Bası, Ankara 2013.
Güray Erdönmez, Alacaklılara Zarar Verme Kastıyla Yapılan Tasarrufların İptali, 2. Bası, İstanbul 2019.

Weekly Contents

Theory Topics
Week	Weekly Contents
1	Concept of collusion
2	Sorts of collusion
3	Impact of collusion by obligation law
4	Impact of collusion by inheritance law
5	Object of nullity action
6	Onerous savings which are the object of collusion action
7	Gratuitous savings which are the object of collusion action
8	Savings which are the object of collusion action because of intention to damage
9	Relation between collusion action and nullity action
10	Attributive competence and territorial competence in the nullity action- period of prosecute a suit
11	Parties of the nullity action
12	Procedure in the nullity action
13	Consequences of nullity action by law of enforcement
14	Consequences of nullity action by law of bankruptcy

Assessment System

Contribution to Overall Grade
Activities	Number	Contribution
Contribution of in-term studies to overall grade	0	0
Contribution of final exam to overall grade	1	100
Total	1	100

In-Term Studies
Activities	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
Total	0	0

Relation of Proficiency

No	Program Learning Outcomes	Contribution
No	Program Learning Outcomes	1	2	3	4	5
1	Recognizing positive norms in economic 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 economic 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

ECTS

Activities	Number	Period	Total Workload
Class Hours	14	3	42
Working Hours out of Class	14	3	42
Assignments	14	1	14
Presentation	14	1	14
Midterm Examinations (including preparation)	0	0	0
Project	0	0	0
Laboratory	0	0	0
Other Applications	14	1	14
Final Examinations (including preparation)	1	8	8
Quiz	1	6	6
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			140
Total Workload / 25			5.60
Credits ECTS			6