Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CONFISCATING without EXPROPRIATING | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Second Cycle (Master's Degree) |
| Course Type | Elective |
| Course Coordinator | Assoc.Prof. Emrah KULAKLI |
| Name of Lecturer(s) | Assoc.Prof. Emrah KULAKLI |
| Assistant(s) | Res. Ass. Rüveyda Çelik |
| Aim | Investigation of property infringements in the nature of expropriation without the unfairness of administrative acts in the direction of the development law principles or unilaterally, without paying the price and without any search for the owner's property. |
| Course Content | This course contains; Concept of Landing without Expropriation in general and Causes of Emergence,Confiscating without Expropriating Case in the Light of Right of Property and Public Benefit Principles,Reconstruction Plan - Relation with Reconstruction Program and Reconstruction Restricted Events to Land Disposal without Expropriation,Comparison of Land Covering and Expropriation Without Handling,Declassification without expropriation in the light of decisions of the Supreme Court of Cassation Alliance: Definition - Legal Nature - Characteristics,Conditions of Elimination Without Expropriation,Lawsuits to be Taken in the Case of Landing without Expropriation, Qualifications of the Places and Driver's Licenses,Provisions and consequences of the expropriation without the expropriation,Expropriation Law art. 4 Conditions and Procedures of Administrative Overlays on the Immovables Subject to Private Ownership by the Administration - Relation with Landing without Expropriation,Principles of Determining the Costs in Damage Case Arrested by Landlord Without Expropriation,Authorized and Authorized Court in Dispute Arbitration Claims,Construction Zoning Law art. 18 Evaluation of the Implementation of Land and Land Regulation in the Context of Unofficial Landing,5999 - 6111 and 6487 amendments to the Law on Expropriation and the Amendments to the Law on Expropriation of the Constitutional Court of the Expropriation Law m. Evaluation of the Decree on the Decision of 38 T. 10.04.2003 - E. 2002/112 - Evaluation in the Context of Decision No. 2003/33,Decision Examination: The Constitutional Court, T. 13.11.2014- E.2013 / 95- K.2014 / 176 Decree of the Expropriation Law of the temporary art. 6 Evaluation and Critique in the Scope of Elimination without Expropriation. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Identifies confiscation without expropriation. | 16, 19, 9 | A, E |
| Knows evolution of confiscation without expropriation in Turkish law. | 10, 14, 19, 9 | A, E |
| Compares confiscation without expropriation with similar concepts. | 10, 9 | A, E |
| Lists the factors of confiscation without expropriation. | 16, 9 | A, E |
| Analyzes the actions that can be commenced because of the confiscation without expropriation. | 10, 16, 9 | A, E |
| Puts the types of confiscation without expropriation in order. | 10, 13, 16, 19, 9 | A, E |
| Analyzes the provisions and consequences of the confiscation without the expropriation. | 13, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Concept of Landing without Expropriation in general and Causes of Emergence | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 57-64. |
| 2 | Confiscating without Expropriating Case in the Light of Right of Property and Public Benefit Principles | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 46-52. |
| 3 | Reconstruction Plan - Relation with Reconstruction Program and Reconstruction Restricted Events to Land Disposal without Expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 57-64. |
| 4 | Comparison of Land Covering and Expropriation Without Handling | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 78-90. |
| 5 | Declassification without expropriation in the light of decisions of the Supreme Court of Cassation Alliance: Definition - Legal Nature - Characteristics | The Supreme Court decisions on the subject should be read. |
| 6 | Conditions of Elimination Without Expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 121-153. |
| 7 | Lawsuits to be Taken in the Case of Landing without Expropriation, Qualifications of the Places and Driver's Licenses | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 153-205. |
| 8 | Provisions and consequences of the expropriation without the expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 153-205. |
| 9 | Expropriation Law art. 4 Conditions and Procedures of Administrative Overlays on the Immovables Subject to Private Ownership by the Administration - Relation with Landing without Expropriation | Expropriation Law Article 4 should be read. |
| 10 | Principles of Determining the Costs in Damage Case Arrested by Landlord Without Expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 197-205. |
| 11 | Authorized and Authorized Court in Dispute Arbitration Claims | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 197-205. |
| 12 | Construction Zoning Law art. 18 Evaluation of the Implementation of Land and Land Regulation in the Context of Unofficial Landing | Zoning Law Article 18 should be read. |
| 13 | 5999 - 6111 and 6487 amendments to the Law on Expropriation and the Amendments to the Law on Expropriation of the Constitutional Court of the Expropriation Law m. Evaluation of the Decree on the Decision of 38 T. 10.04.2003 - E. 2002/112 - Evaluation in the Context of Decision No. 2003/33 | Amendment Act no. 5999 - 6111 ve 6487 and the decision of Constitutional Court no. T. 10.04.2003 – E. 2002/112 – K. 2003/33 should be read. |
| 14 | Decision Examination: The Constitutional Court, T. 13.11.2014- E.2013 / 95- K.2014 / 176 Decree of the Expropriation Law of the temporary art. 6 Evaluation and Critique in the Scope of Elimination without Expropriation | The decision of Constitutional Court numbered "T. 13.11.2014- E.2013/95- K.2014/176" should be read. |
| Resources |
| Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, Yasin Ulusoy, Yargıtay Kararları Işığında Kamulaştırmasız El Atma, Nobel, 2004. İrem Karaca, Kamulaştırmasız El Atma, Adalet, 2019. Önder Çetintaş, Kamulaştırmasız El Atma, Seçkin, 2020. |
| Course grades will not be given. Books on the subject are suggested. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | In light of the current developments in the field of private law, have knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | With understanding relationships among concept, institution and method that related to disciplines of private law, establish a connection between them. | X | |||||
| 3 | Reach scientific knowledge in the field of private law, evaluate, and use this information to solve legal problems. | X | |||||
| 4 | Implement the idea about individual and social problems of private law and in the light of current developments find resolutions. | X | |||||
| 5 | Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | Carry out an independent study which needs expertise in the field of private law and its sub-disciplines. | X | |||||
| 7 | Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | Critically evaluate acquired knowledge and skills in the field of private law and its sub-disciplines. | X | |||||
| 9 | Develop a positive attitude towards lifelong learning and convert it to behavior. | X | |||||
| 10 | Mean acquired knowledge in the field of private law and current developments about legal theory and practice to all groups systematically in written or oral form. | X | |||||
| 11 | Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them. | X | |||||
| 12 | Use software which in the level required by the field of law and information and communication technologies in the advanced level. | X | |||||
| 13 | Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of private law and its sub-disciplines. | X | |||||
| 14 | With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 14 | 3 | 42 | |||
| Guided Problem Solving | 3 | 6 | 18 | |||
| Resolution of Homework Problems and Submission as a Report | 14 | 3 | 42 | |||
| Term Project | 1 | 20 | 20 | |||
| Presentation of Project / Seminar | 1 | 20 | 20 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 20 | 20 | |||
| General Exam | 1 | 40 | 40 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 202 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(202/30) | 7 | |||||
| ECTS of the course: 30 hours of work is counted as 1 ECTS credit. | ||||||
Detail Informations of the Course
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CONFISCATING without EXPROPRIATING | - | Fall Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Second Cycle (Master's Degree) |
| Course Type | Elective |
| Course Coordinator | Assoc.Prof. Emrah KULAKLI |
| Name of Lecturer(s) | Assoc.Prof. Emrah KULAKLI |
| Assistant(s) | Res. Ass. Rüveyda Çelik |
| Aim | Investigation of property infringements in the nature of expropriation without the unfairness of administrative acts in the direction of the development law principles or unilaterally, without paying the price and without any search for the owner's property. |
| Course Content | This course contains; Concept of Landing without Expropriation in general and Causes of Emergence,Confiscating without Expropriating Case in the Light of Right of Property and Public Benefit Principles,Reconstruction Plan - Relation with Reconstruction Program and Reconstruction Restricted Events to Land Disposal without Expropriation,Comparison of Land Covering and Expropriation Without Handling,Declassification without expropriation in the light of decisions of the Supreme Court of Cassation Alliance: Definition - Legal Nature - Characteristics,Conditions of Elimination Without Expropriation,Lawsuits to be Taken in the Case of Landing without Expropriation, Qualifications of the Places and Driver's Licenses,Provisions and consequences of the expropriation without the expropriation,Expropriation Law art. 4 Conditions and Procedures of Administrative Overlays on the Immovables Subject to Private Ownership by the Administration - Relation with Landing without Expropriation,Principles of Determining the Costs in Damage Case Arrested by Landlord Without Expropriation,Authorized and Authorized Court in Dispute Arbitration Claims,Construction Zoning Law art. 18 Evaluation of the Implementation of Land and Land Regulation in the Context of Unofficial Landing,5999 - 6111 and 6487 amendments to the Law on Expropriation and the Amendments to the Law on Expropriation of the Constitutional Court of the Expropriation Law m. Evaluation of the Decree on the Decision of 38 T. 10.04.2003 - E. 2002/112 - Evaluation in the Context of Decision No. 2003/33,Decision Examination: The Constitutional Court, T. 13.11.2014- E.2013 / 95- K.2014 / 176 Decree of the Expropriation Law of the temporary art. 6 Evaluation and Critique in the Scope of Elimination without Expropriation. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Identifies confiscation without expropriation. | 16, 19, 9 | A, E |
| Knows evolution of confiscation without expropriation in Turkish law. | 10, 14, 19, 9 | A, E |
| Compares confiscation without expropriation with similar concepts. | 10, 9 | A, E |
| Lists the factors of confiscation without expropriation. | 16, 9 | A, E |
| Analyzes the actions that can be commenced because of the confiscation without expropriation. | 10, 16, 9 | A, E |
| Puts the types of confiscation without expropriation in order. | 10, 13, 16, 19, 9 | A, E |
| Analyzes the provisions and consequences of the confiscation without the expropriation. | 13, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Concept of Landing without Expropriation in general and Causes of Emergence | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 57-64. |
| 2 | Confiscating without Expropriating Case in the Light of Right of Property and Public Benefit Principles | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 46-52. |
| 3 | Reconstruction Plan - Relation with Reconstruction Program and Reconstruction Restricted Events to Land Disposal without Expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 57-64. |
| 4 | Comparison of Land Covering and Expropriation Without Handling | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 78-90. |
| 5 | Declassification without expropriation in the light of decisions of the Supreme Court of Cassation Alliance: Definition - Legal Nature - Characteristics | The Supreme Court decisions on the subject should be read. |
| 6 | Conditions of Elimination Without Expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 121-153. |
| 7 | Lawsuits to be Taken in the Case of Landing without Expropriation, Qualifications of the Places and Driver's Licenses | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 153-205. |
| 8 | Provisions and consequences of the expropriation without the expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 153-205. |
| 9 | Expropriation Law art. 4 Conditions and Procedures of Administrative Overlays on the Immovables Subject to Private Ownership by the Administration - Relation with Landing without Expropriation | Expropriation Law Article 4 should be read. |
| 10 | Principles of Determining the Costs in Damage Case Arrested by Landlord Without Expropriation | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 197-205. |
| 11 | Authorized and Authorized Court in Dispute Arbitration Claims | Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, s. 197-205. |
| 12 | Construction Zoning Law art. 18 Evaluation of the Implementation of Land and Land Regulation in the Context of Unofficial Landing | Zoning Law Article 18 should be read. |
| 13 | 5999 - 6111 and 6487 amendments to the Law on Expropriation and the Amendments to the Law on Expropriation of the Constitutional Court of the Expropriation Law m. Evaluation of the Decree on the Decision of 38 T. 10.04.2003 - E. 2002/112 - Evaluation in the Context of Decision No. 2003/33 | Amendment Act no. 5999 - 6111 ve 6487 and the decision of Constitutional Court no. T. 10.04.2003 – E. 2002/112 – K. 2003/33 should be read. |
| 14 | Decision Examination: The Constitutional Court, T. 13.11.2014- E.2013 / 95- K.2014 / 176 Decree of the Expropriation Law of the temporary art. 6 Evaluation and Critique in the Scope of Elimination without Expropriation | The decision of Constitutional Court numbered "T. 13.11.2014- E.2013/95- K.2014/176" should be read. |
| Resources |
| Yücel Özdemir, Kamulaştırmasız El Atma, Adalet, 2018, Yasin Ulusoy, Yargıtay Kararları Işığında Kamulaştırmasız El Atma, Nobel, 2004. İrem Karaca, Kamulaştırmasız El Atma, Adalet, 2019. Önder Çetintaş, Kamulaştırmasız El Atma, Seçkin, 2020. |
| Course grades will not be given. Books on the subject are suggested. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | In light of the current developments in the field of private law, have knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | With understanding relationships among concept, institution and method that related to disciplines of private law, establish a connection between them. | X | |||||
| 3 | Reach scientific knowledge in the field of private law, evaluate, and use this information to solve legal problems. | X | |||||
| 4 | Implement the idea about individual and social problems of private law and in the light of current developments find resolutions. | X | |||||
| 5 | Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | Carry out an independent study which needs expertise in the field of private law and its sub-disciplines. | X | |||||
| 7 | Develop different perspectives and take responsibility to solve complex issues which require expertise and encountered in the field of private law and its sub-disciplines. | X | |||||
| 8 | Critically evaluate acquired knowledge and skills in the field of private law and its sub-disciplines. | X | |||||
| 9 | Develop a positive attitude towards lifelong learning and convert it to behavior. | X | |||||
| 10 | Mean acquired knowledge in the field of private law and current developments about legal theory and practice to all groups systematically in written or oral form. | X | |||||
| 11 | Critically question concepts and institutions of law, settled practice of law and norms and when necessary develop and attempt to change them. | X | |||||
| 12 | Use software which in the level required by the field of law and information and communication technologies in the advanced level. | X | |||||
| 13 | Take into consideration and internalize social, scientific and ethical values in the process of gathering, processing and evaluating information about field of private law and its sub-disciplines. | X | |||||
| 14 | With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |