COURSE UNIT TITLE

: THE CURRENT ISSUES OF THE NEW TURKISH CODE OF OBLIGATIONS AND THE LAW OF OBLIGATIONS (GENERAL PROVISIONS)

DEGREE PROGRAMMES

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
ÖZH 6039 THE CURRENT ISSUES OF THE NEW TURKISH CODE OF OBLIGATIONS AND THE LAW OF OBLIGATIONS (GENERAL PROVISIONS) ELECTIVE 3 0 0 7

Offered By

Private Law

Level of Course Unit

Third Cycle Programmes (Doctorate Degree)

Course Coordinator

PROFESSOR DEMET ÖZDAMAR

Offered to

Private Law

Course Objective

The aim of this course, to give doctoral levels to the students informations about current problems of law of obligations, especially establishment of obligation realtion, their scope, fullfilment and termination, creatin a solid foundation of knowledge and for this to gain Interdisciplinary with other special branches of law reasoning ability for next professional lives.

Learning Outcomes of the Course Unit

1   Be able to determine the prevailing principles of law of obligation
2   Be able to identfy the concepts of obligation relation and their scope
3   Be able to identify Obligation resources similarities and differences between them
4   Be able to examine written scientific studies, given the judicial decisions and legislation in law of obligation
5   Be able to identfy issues, which emerged or that may arise in law of obligation
6   Be able to solve emerged issues within the framework prevailing principles of law of obligation
7   Be able to produce critical, reasoned and open to debate opinions in law of obligation
8   Be able to improve the ability about learn, learn skills and critical thinking in the field of Law of Obligations

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 -Introduction to the course and to proposition the resources can be utilized, -Concepts of Obligation and Obligation Relation -Rights and Obligations of Obligation Relation -The concept of rights, especially the right of claim and other rights within the scope of Obligation Relation -Relation between concepts of claim and demand
2 -Relation between obligation and responsibility -Vaious Meanings of Responsibility -Subject of Obligation and Claim: the concept of the Act -Types and Properties of The Act -Incomplete Obligation -Discrimination of definitive and undefinitive Obligations and connected to it results -The concepts of elective Obligations and Authority
3 -An overview of sources of obligations -Liabilities arising from legal action -The concept of legal action Types of legal action, especially according to; - with consideration or without any consideration -their effect on assets -due to cause or without any cause -Concepts of gain and cause
4 Contractual obligations The types of contract (especially the contracts of possession-the contracts of debt- contracts of conversational-contracts of attendance, especially general trading conditions; contracts of the framework, the contracts for the benefit of thirdparty, option contracts
5 Form of contracts The reasons for nullity of contracts
6 The interpretation of contracts The completion of contracts The adaptation of contracts The representation The promises made by announcement
7 The debts originating from unjust enrichment The elements of the unjust enrichment The results of the unjust enrichment What circumstances does not constitute unjust enrichment Which reasons for the case competes with the case of the unjust enrichment The debts arising from gestio transaction
8 The debts arising from torts Exceptions to the rule of the tolerance of the damage of the injured party.on contract, tort and the damages arising from actions in accordance with the law the idea of balancing of self-abandonment
9 The elements of the imperfection liability violation of the law the positive or negative behavior of the offender The theories of violation of the law the aim of preservation of the norm The relation of the violation of the law The reasons of the legality defect damage The connection of appropriate causality
10 Compensation claims (the parties the burden of proof, the court, what ise competent and in charge) Detection of damage and compensation Timeout The relationship between decisions of the court of law and the criminal court
11 Results of Obligations Fulfillment of Obligations (parties, subject, place execution time of acts ) default of the claim, Results of performance failure to act -The results of the failure to fulfill the act (same Fulfillment, Fulfillment case and foreclosure-, compensation, contractual abolition) -Contradictions of Obligation faulty impossibility Poor execution
12 -Delay of the act Pre-contractual liability arising from faulty behavior (culpa in contrahendo) the competition between Breach of contract and tort liability
13 Effect of Obligation to the third Party Termination of Obligations Multiple Debtor and Claim Contingent Obligations
14 Money of Connecting, Money of Withdrawal, Fee detention, Money of penal Condition Changes in the Relation Between Obligations Party

Recomended or Required Reading

1. Eren, F., Borçlar Hukuku Genel Hükümler, Istanbul 2011.
2. Kılıçoğlu, A., Borçlar Hukuku Genel Hükümler, Ankara 2012.
3. Kocayusufpaşaoğlu, N. / Hatemi, H. / Serozan, R. / Arpacı, A., Borçlar Hukuku Genel Bölüm, Istanbul 2008.
4. Oğuzman, K./Öz, T., Borçlar Hukuku, Genel Hükümleri, Istanbul 2012.
5. Reisoğlu, S., Borçlar Hukuku, Istanbul 2012.

Planned Learning Activities and Teaching Methods

Presentation of Topics, discussions, evaluation practic examples and other scientific research methods.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE MIDTERM EXAM
2 STT TERM WORK (SEMESTER)
3 FIN FINAL EXAM
4 FCG FINAL COURSE GRADE MTE * 0.30 + STT * 0.30 + FIN* 0.40
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.30 + STT * 0.30 + RST* 0.40


*** Resit Exam is Not Administered in Institutions Where Resit is not Applicable.

Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

To be announced.

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 14 3 42
Preparations before/after weekly lectures 14 2 28
Preparation for midterm exam 1 34 34
Preparation for final exam 1 40 40
Preparing presentations 1 27 27
Final 1 2 2
Midterm 1 2 2
TOTAL WORKLOAD (hours) 175

Contribution of Learning Outcomes to Programme Outcomes

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CONTACT INFORMATION
Dokuz Eylül Üniversitesi Cumhuriyet Bulvarı No: 144 35210 Alsancak / İZMİR
Phone: +90(232) 412 12 12 - Fax: +90 (232) 464 81 35

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