Private International Law II(HUK462)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| HUK462 | Private International Law II | 8 | 4 | 0 | 0 | 4 | 5 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Compulsory |
| Course Level | Bachelor Degree |
| Course Instructor(s) | HATİCE ÖZDEMİR KOCASAKAL hkocasakal@gmail.com (Email) Berk DEMİRKOL bdemirkol@gmail.com (Email) |
| Assistant | |
| Objective | The course objective is to provide a detailed information on the Turkish International Procedural Law system and the application of procedural laws and other legal documents (international treaties) to the different private law disputes concerning a foreign element. |
| Content |
Week 1. International jurisdiction of the Turkish Courts (general provisions) Week 2. International jurisdiction of the Turkish Courts (general provisions) Week 3. International jurisdiction of the Turkish Courts (specific provisions) Week 4. International jurisdiction of the Turkish Courts (specific provisions) Week 5. Important Issues of International Procedural Law Week 6. Important Issues of International Procedural Law Week 7. International Treaties about International Procedural Law Week 8. Enforcement and recognition of decisions of foreign courts Week 9. Enforcement and recognition of decisions of foreign courts Week 10. Enforcement and recognition of arbitral awards Week 11. Enforcement and recognition of arbitral awards Week 12. Turkish International Arbitration Law Week 13. Turkish International Arbitration Law Week 14. New York Convention |
| Course Learning Outcomes | Students who have successfully completed this course is capable of understanding Turkish International procedural law system as well as appliying necessary rules to determine international jurisdiction of the Turkish Courts and enforcement and recognition of decisions of foreign courts and arbitral awards. |
| Teaching and Learning Methods | The course is composed of lectures which discuss theoretical aspects and cases. |
| References |
1. Aysel ÇELİKEL / Bahadır ERDEM: Milletlerarası Özel Hukuk, İstanbul 2016. 2. Gülören TEKİNALP / Ayfer Uyanık: Milletlerarası Özel Hukuk: Bağlama Kuralları, İstanbul 2016. 3. Ergin NOMER: Devletler Hususi Hukuk, İstanbul, 2017. 4. Ziya AKINCI: Milletlerarası Tahkim, İstanbul, 2009. 5. Ata SAKMAR / Nuray EKŞİ / İlhan YILMAZ: Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun ve Mahkeme Kararları, İstanbul, 2001. 6. Cemal ŞANLI / Emre ESEN / İnci ATAMAN - FİGANMEŞE, Milletlerarası Özel Hukuk (Vedat, 2016) |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | International jurisdiction of the Turkish Courts (general provisions) |
| 2 | International jurisdiction of the Turkish Courts (general provisions) |
| 3 | International jurisdiction of the Turkish Courts (specific provisions) |
| 4 | International jurisdiction of the Turkish Courts (specific provisions) |
| 5 | Important Issues of International Procedural Law |
| 6 | Important Issues of International Procedural Law |
| 7 | International Treaties about International Procedural Law |
| 8 | Enforcement and recognition of decisions of foreign courts |
| 9 | Enforcement and recognition of decisions of foreign courts |
| 10 | Enforcement and recognition of arbitral awards |
| 11 | Enforcement and recognition of arbitral awards |
| 12 | Turkish International Arbitration Law |
| 13 | Turkish International Arbitration Law |
| 14 | New York Convention |
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) | 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 |
| Toplam | 1 | 40 |
| 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 | 14 | 4 | 56 |
| Working Hours out of Class | 14 | 3 | 42 |
| Midterm Examinations (including preparation) | 1 | 12 | 12 |
| Final Examinations (including preparation) | 1 | 18 | 18 |
| Total Workload | 128 | ||
| Total Workload / 25 | 5,12 | ||
| Credits ECTS | 5 | ||