Law

Comparative Private Law(HUK228)

Course Code Course Name Semester Theory Practice Lab Credit ECTS
HUK228 Comparative Private Law 4 2 0 0 2 3
Prerequisites
Admission Requirements
Language of Instruction French
Course Type Compulsory
Course Level Bachelor Degree
Course Instructor(s) Sinan Hüdai YÜKSEL syuksel@gsu.edu.tr (Email) Rifat CANKAT rifatcankat@gmail.com (Email)
Assistant
Objective The aim of this course is to examine the basic concepts of private law in a comparative manner and to enable students to interpret the rules of law comparatively by working on this subject. Second, to examine the interactions between legal systems and to discuss the universality of law.
Content 1. Introduction
2. Comparative Law Method
3. Interpretation of Legal Rules
4. Interpretation of Legal Rules
5. Legal Creation of the Judge (Turkish Law)
6. Judge's Creation of Law (Comparative Law)
7. Lex mercatoria
8. Vienna Exchange Agreement
9. Vienna Purchase Agreement
10. Comment on the Vienna Agreement
11. Interpretation of the Vienna Purchase Contract
12. Transfer of Legal Rules
13. The effect of foreign legal systems in Turkish law
Course Learning Outcomes 1- Examination of the basic rules of private law.
2- Teaching the comparative law technique
3- Introduction of foreign legal systems
4- Study of interpretation in Turkish law and comparative law
5- Introduction of international trade law
Teaching and Learning Methods Theoretical lecture
References Selâhattin Sulhi Tekinay, Medenî Hukukun Genel Esasları ve Gerçek Kişiler Hukuku, Altıncı Bası, İstanbul 1992.
Seyfullah Edis, Medenî Hukuka Giriş ve Başlangıç Hükümleri, 2. Bası, Ankara 1983.
Pascal Pichonnaz / Bénedict Foex, Commentaire romand - Code civil I, Bâle 2010.
Print the course contents
Theory Topics
Week Weekly Contents
1 Introduction
2 Comparative Law Method
3 Interpretation of Legal Rules
4 Legal Creation of the Judge (Turkish Law)
5 Judge's Creation of Law (Comparative Law)
6 Lex mercatoria
7 Vienna Exchange Agreement
8 Interpretation of the Vienna Purchase Contract
9 Transfer of Legal Rules
10 The effect of foreign legal systems in Turkish law
Practice Topics
Week Weekly Contents
Contribution to Overall Grade
  Number Contribution
Contribution of in-term studies to overall grade 1 50
Contribution of final exam to overall grade 1 50
Toplam 2 100
In-Term Studies
  Number Contribution
Assignments 0 0
Presentation 0 0
Midterm Examinations (including preparation) 1 50
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
Toplam 1 50
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 13 2 26
Working Hours out of Class 14 2 28
Midterm Examinations (including preparation) 1 4 4
Final Examinations (including preparation) 1 4 4
Total Workload 62
Total Workload / 25 2,48
Credits ECTS 2
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