Law of Obligations II (General Provisions)
hmdevelioglu@gmail.com
pguzel@gsu.edu.tr
dkara@gsu.edu.tr
Content
Objective
The objective of the course is to teach the general concepts of the law of obligations
Course Content
As shown under the subject headings (topics)
Course Learning Outcomes
Students who have successfully completed this course is capable of understanding Turkish law of obligations well as appliying necessary rules to determine the rules applicable for each legal issues of law of obligations.
Teaching and Learning Methods
Ex-cathedra
References
Kemal Oğuzman, Turgut Öz, Borçlar Hukuku Genel Hükümler, İstanbul 2018.
Fikret Eren, Borçlar Hukuku, Genel Hükümler, İstanbul 2018.
Pierre Tercier, Pascal Pichonnaz, Murat Develioğlu, Borçlar Hukuku Genel Hükümler, İstanbul, 2016.
Pierre Tercier, Pascal Pichonnaz, Droit des obligations, Zürich, 2012.
S. Sulhi Tekinay, Haluk Burcuoğlu, Sermet Akman, Atilla Altop, Borçlar Hukuku, Genel Hükümler, İstanbul 1993.
Haluk Nomer, Borçlar Hukuku Genel Hükümler, İstanbul, 2019.
Rona Serozan, Borçlar Hukuku Genel Bölüm, İfa, İfa Engelleri, Haksız Zenginleşme, Filiz Kitabevi, İstanbul, 2018.
Pierre Engel, Traité des obligations en droit suisse, 2ème édition, 1997.
Commentaire Romand Code des obligations art. 1-529, 2ème édition, Bâle, 2012.
Turkish Code of Obligations, Swiss Code of Obligations, Jurisprudence
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Extinction of obligations |
| 2 | Tort |
| 3 | Civil liability relying on fault |
| 4 | Action for damages |
| 5 | Simple causal liability (simple objective liability) |
| 6 | Simple causal liability within the Code of Obligations |
| 7 | Liabilities regulated by the Law on Road Traffic |
| 8 | Damages for personal injury |
| 9 | Multiple liabilities, multiple liable parties |
| 10 | Unjust enrichment |
| 11 | Unjust enrichment |
| 12 | Guarantee of performance by third party, contracts conferring rights on third parties. |
| 13 | Joint and several debtors, joint and several creditors, conditional obligations, contractual penalty |
| 14 | Assignment of claims, assumption of debt |
Assessment System
| 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 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 1 | 40 |
| 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 | 1 | 40 |
Relation of Proficiency
| 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 | ||||
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 4 | 56 |
| Working Hours out of Class | 14 | 3 | 42 |
| Midterm Examinations (including preparation) | 1 | 6 | 6 |
| Final Examinations (including preparation) | 1 | 12 | 12 |
| Total Workload | 116 | ||
| Total Workload / 25 | 4.64 | ||
| Credits ECTS | 5 | ||