Collection of Evidence
nurbolayir@yahoo.com
Content
Objective
Examination of problematic matters of the role of the parties and the judge in the administration of proofs in civil jurisdiction
Course Content
Historical development of role of the parties and the judge in the administration of proofs in civil jurisdiction
the relationship between the administration of proofs and proving activity
Relation with basic concepts of civil procedure law
Relation with dominant principles of civil procedure law
Determination the time of presentation of evidence
Relation with concentration principle
Bill
Duty to cooperate in the taking of evidence
Oath
Judgement
Witness
Expert
Discovery
Other related topics
Course Learning Outcomes
Comprehension of the objectives indicated in the part of course objective
Teaching and Learning Methods
Oral
References
Pekcanıtez Hakan/Özekes Muhammet/Akkan Mine/Taş Korkmaz Hülya (Editörler), Pekcanıtez Usûl Medenî Usûl Hukuku, 15. Bası, İstanbul 2017.
Kuru Baki, İstinaf Sistemine Göre Yazılmış Medenî Usûl Hukuku Ders Kitabı, İstanbul 2017.
Bolayır Nur, Hukuk Yargılamasında Delillerin Toplanmasında Tarafların ve Hâkimin Rolü, İstanbul 2014.
Teomete Yalabık Fulya, İngiliz ve Amerikan Hukuklarında Vakıaların Getirilmesi ile Delillerin Toplanmasında Hakimin Rolü ve Türk Hukuku Bakımından Değerlendirilmesi, İstanbul 2016
Arslan Aziz Serkan, 6100 Sayılı Hukuk Muhakemeleri Kanunu Çerçevesinde Medeni Usul Hukukunda Delillerin Toplanması ve Doğrudanlık İlkesi, Ankara 2012.
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Historical development of role of the parties and the judge in the administration of proofs in civil jurisdiction |
| 2 | The relationship between the administration of proofs and proving activity |
| 3 | Relation with basic concepts of civil procedure law |
| 4 | Relation with dominant principles of civil procedure law |
| 5 | Determination the time of presentation of evidence |
| 6 | Relation with concentration principle |
| 7 | Bill |
| 8 | Duty to cooperate in the taking of evidence |
| 9 | Oath |
| 10 | Judgement |
| 11 | Witness |
| 12 | Expert |
| 13 | Discovery |
| 14 | Other related topics |
Assessment System
| 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 |
| 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 |
| Total | 0 | 0 |
Relation of Proficiency
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 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 | 7 | 8 | 56 |
| Final Examinations (including preparation) | 1 | 8 | 8 |
| Total Workload | 148 | ||
| Total Workload / 25 | 5.92 | ||
| Credits ECTS | 6 | ||