COURSE UNIT TITLE

: SPECIAL RELATIONSHIPS RELATING TO OBLIGATIONS ACCORDING TO TURKISH CODE OF OBLIGATIONS

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
ELECTIVE

Offered By

Private Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

DOCTOR BURCU YAĞCIOĞLU

Offered to

Private Law

Course Objective

The aim of this course is to examine in detail the issues are included in the scope of provisions "Special Relationships relating to Obligations" titled that are regulated by articles 162 to 182 of Turkish Law of Obligations (joint and several obligations, conditional obligations, earnest money, forfeit money and penalty clause); to put forth the problems to be solved regarding these issues and to produce solutions to these problems.

Learning Outcomes of the Course Unit

1   Being able to distinguish legal notions and institutions in special relationships relating to obligations from similar notions and institutions.
2   Being able to evaluate scientific studies, judicial decisions and legislation regarding special relationships relating to obligations.
3   Being able to determine the halting points and shortcomings regarding special relationships relating to obligations.
4   Being able to produce reasoned, critical and argumentative opinions regarding the halting points and shortcomings of special relationships relating to obligations.
5   Being able to produce solutions to problems that may offer in implementation regarding special relationships relating to obligations.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Joint and Several Debtors: General View, Legal Characteristic, Sources
2 Joint and Several Debtors: Effect
3 Joint and Several Creditors
4 Condition Concept
5 Types, Effects and Consequences of Condition
6 Earnest Money
7 Forfeit Money
8 Midterm examination
9 Penalty Clause Notion; Manner of Regulation, Legal Characteristic, Aims and Functions, Specifications of Penalty Clause
10 Types, Implementation Area and Comparison with Similar Legal Institutions of Penalty Clause
11 Circumstance of Penalty Clause
12 Maturity of Penalty Clause
13 Effect of Penalty Clause
14 The Compensation of The Excess of Damage and Reduction of Penalty Clause

Recomended or Required Reading

Akıntürk, Turgut: Müteselsil Borçluluk, Ankara, 1971.
Eren, Fikret: Borçlar Hukuku, Genel Hükümler, 24. Baskı, Yetkin Yayınları, Ankara, 2019.
Kocaağa, Köksal: Ceza Koşulu (Sözleşme Cezası), 2. Baskı, Yetkin Yayınları, Ankara, 2018.
Oğuzman, M. Kemal/Öz, M. Turgut: Borçlar Hukuku, Genel Hükümler, C. 2, 14. Bası, Vedat Kitapçılık, Istanbul, 2018.
Sirmen, Lale: Türk Özel Hukukunda Şart, Ayyıldız Matbaası, Ankara, 1992.
Tekinay, Selahattin Sulhi/Akman, Sermet/Burcuoğlu, Halûk/Altop, Atillâ: Tekinay Borçlar Hukuku, Genel Hükümler, 7. Baskı, Filiz Kitabevi, Istanbul, 1993.
Tunçomağ, Kenan: Türk Hukukunda Cezai Şart, Baha Matbaası, Istanbul, 1963.
Yağcıoğlu, Burcu: Türk ve Isviçre Hukuku nda Ceza Koşulu (Cezai Şart), Seçkin Yayıncılık, Ankara, 2019.

Planned Learning Activities and Teaching Methods

The subjects covered by the course will be explained within the framework of relevant legislation, scientific studies and judicial decisions and the students will participate in the discussions that will be opened after the lecture.

Assessment Methods

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

Tel: (90) (232) 301 62 34
E-mail: burcu.kanatlarli@deu.edu.tr

Office Hours

At the end of the cours hours .

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 3 39
Preparations before/after weekly lectures 13 3 39
Preparation for midterm exam 1 34 34
Preparation for final exam 1 40 40
Preparing presentations 1 19 19
Midterm 1 2 2
Final 1 2 2
TOTAL WORKLOAD (hours) 175

Contribution of Learning Outcomes to Programme Outcomes

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