Provisional Measures in Civil Procedural Law(ÖHYL-334)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHYL-334 | Provisional Measures in Civil Procedural Law | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Masters Degree |
| Course Instructor(s) | Nur BOLAYIR nurbolayir@yahoo.com (Email) |
| Assistant | |
| Objective | Examination of problematic matters of the provisional measures |
| Content |
General information Objective of the interim injunctions Conditions Request Proceeding Decision Measures ordered before the action becomes pending Ex-parte interim measures identification evidence Provisional measures in the Code of execution and bankruptcy Provisional measures in action for divorce Provisional measures in intellectual property law Provisional payment Provisional measures in arbitration |
| 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. Erişir Evrim, Geçici Hukuki Korumanın Temelleri ve İhtiyatî Tedbir Türleri, İstanbul 2013 |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | General information |
| 2 | Objective of the interim injunctions |
| 3 | Conditions |
| 4 | Request |
| 5 | Proceeding |
| 6 | Decision |
| 7 | Measures ordered before the action becomes pending |
| 8 | Ex-parte interim measures |
| 9 | Identification evidence |
| 10 | Provisional measures in the Code of execution and bankruptcy |
| 11 | Provisional measures in action for divorce |
| 12 | Provisional measures in intellectual property law |
| 13 | Provisional payment |
| 14 | Provisional measures in arbitration |
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) | 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 |
| Toplam | 0 | 0 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing positive norms in private 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 private 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 | ||||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 2 | 28 |
| Working Hours out of Class | 14 | 7 | 98 |
| Assignments | 4 | 4 | 16 |
| Presentation | 4 | 5 | 20 |
| Final Examinations (including preparation) | 1 | 8 | 8 |
| Total Workload | 170 | ||
| Total Workload / 25 | 6,80 | ||
| Credits ECTS | 7 | ||