Civil Procedure Law II (HUK382) | GSÜ

Content

Objective

Objective of the course is to study essential principals of the law of civil procedure and the procedure of jurisdiction.

Course Content

Answer to action (Defense to action, counter claim)
Answer petition and its elements, time to answer
Results of answer, preliminary observation
Inquiry, case files, minutes of proceedings, preliminary question
Retraction of the file, interrogation, reform
Transfer of the object of action, separation of the actions, merger of the actions
Proof (subject of proof, burden of proof, sort of proof)
Bill-oath
Witness- expert-discovery
Decision and judgment
Cassation-Procedure of Reform
Trial expenses- legal remedy
Provisional measures (interim injunction- identification evidence)
Arbitration

Course Learning Outcomes

Comprehension of the objectives indicated in the part of course objective and the principals of the jurisdiction system by the students.

Teaching and Learning Methods

Oral

References

Hakan Pekcanıtez/Oğuz Atalay/Muhammet Özekes, Medenî Usûl Hukuku Ders Kitabı, 5.Bası, İstanbul 2017.

Weekly Contents

Theory Topics
Week	Weekly Contents
1	Answer to action (Defense to action, counter claim)
2	Answer petition and its elements, time to answer
3	Results of answer, preliminary observation
4	Inquiry, case files, minutes of proceedings, preliminary question
5	Retraction of the file, interrogation, reform
6	Transfer of the object of action, separation of the actions, merger of the actions
7	Proof (subject of proof, burden of proof, sort of proof)
8	Bill-oath
9	Witness- expert-discovery
10	Decision and judgment
11	Cassation-Procedure of Reform
12	Trial expenses- legal remedy
13	Provisional measures (interim injunction- identification evidence)
14	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 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

ECTS

Activities	Number	Period	Total Workload
Class Hours	3	14	42
Working Hours out of Class	3	14	42
Midterm Examinations (including preparation)	1	2	2
Final Examinations (including preparation)	1	3	3
Total Workload			89
Total Workload / 25			3.56
Credits ECTS			4