Provisional Measures in Civil Procedural Law (ÖHYL-334)

Content

Objective

Examination of problematic matters of the provisional measures

Course 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

Weekly Contents

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

Assessment System

Contribution to Overall Grade
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

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
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 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

ECTS

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