Research Assist. Davut Armağan, Teaching Assist. Kaan Karaman, Research Assist. Ayşe Melek Başyiğit, Research Assist. Bugra Kaan Cakiroglu
Aim
Students who successfully complete this course will be able to recognize the principles of personal and in-kind guarantee law. They will be able to establish connections between the application of the Supreme Court and the theoretical principles on the subject. They will be able to express their knowledge on the subject verbally and in writing. They will be able to analyze the problems related to the personal and real guarantee law together with the Law of Obligations and Property Law. It will be able to produce solutions to legal problems identified in this process.
Information on the collateral institution, which is used to reduce the risks that a debt relationship may create as much as possible, cannot be presented collectively in law faculties, and is discussed in different contexts in different courses during the four-year education period. The aim of this course, named Collateral Law, is to review the undergraduate education once again and to evaluate the information about these different types of collateral. In addition, it is aimed to inform the participants about the problems that arise in practice in terms of guarantees and the solutions of the Yargıtay to these problems.
Course Content
This course contains; Pledge of Rights Related to Negotiable Documents ( Pledge of Stocks, Status in the Dematerialized System),Bail Agreement,Warranty Agreement,Assignment of Ordinary Claims for Collateral,Pledge of Ordinary Receivables (Pedge of Deposits in Banks),Pledge of Receivables Due to Negotiable Documents (Pledging Turnover),Assignment of Negotiable Receivables,Collateral Power of Assignment Turnover from Guarantees Specific to Bills of Exchange,Aval, One of the Guarantees Specific to Bills of Exchange,Pledge of Ordinary Rights,Movable Pledge,Real Estate Pledge,Commercial Enterprise Pledge,Bank Letters of Guarantee,Credit Life Insurance.
Dersin Öğrenme Kazanımları
Teaching Methods
Assessment Methods
Teaching Methods:
Assessment Methods:
Course Outline
Order
Subjects
Preliminary Work
0
Pledge of Rights Related to Negotiable Documents ( Pledge of Stocks, Status in the Dematerialized System)
1
Bail Agreement
2
Warranty Agreement
3
Assignment of Ordinary Claims for Collateral
4
Pledge of Ordinary Receivables (Pedge of Deposits in Banks)
5
Pledge of Receivables Due to Negotiable Documents (Pledging Turnover)
6
Assignment of Negotiable Receivables
7
Collateral Power of Assignment Turnover from Guarantees Specific to Bills of Exchange
8
Aval, One of the Guarantees Specific to Bills of Exchange
1- İlhan Helvacı, Türk Medeni Kanunu'na Göre Sözleşmeden Doğan İpotek Hakkı ( The Contractual Mortgage According to Turkish Civil Code )
2- Haluk Tandoğan, Borçlar Hukuku-Özel Borç İlişkileri ( Law of Obligations : Special Part )
3- Türk Hukuk Sisteminde Banka Teminat Mektupları, Nami Barlas ( Bank Guarantees According to Turkish Law System )
4- İlhan Helvacı, Türk Medeni Kanunu'na Göre Lex Commissoria Yasağı ( The Prohibition of Lex Commissoria According to Turkish Civil Code )
5- Oğuzman/Seliçi/Oktay-Özdemir, Eşya Hukuku ( Law of Property
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
0
0
0
Guided Problem Solving
0
0
0
Resolution of Homework Problems and Submission as a Report
0
0
0
Term Project
0
0
0
Presentation of Project / Seminar
0
0
0
Quiz
0
0
0
Midterm Exam
0
0
0
General Exam
0
0
0
Performance Task, Maintenance Plan
0
0
0
Total Workload(Hour)
0
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(0/30)
0
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
GUARANTEE LAW
-
Spring Semester
3+0
3
8
Course Program
Prerequisites Courses
Recommended Elective Courses
Language of Course
Turkish
Course Level
Second Cycle (Master's Degree)
Course Type
Elective
Course Coordinator
Prof.Dr. Harun DEMİRBAŞ
Name of Lecturer(s)
Prof.Dr. Harun DEMİRBAŞ
Assistant(s)
Research Assist. Davut Armağan, Teaching Assist. Kaan Karaman, Research Assist. Ayşe Melek Başyiğit, Research Assist. Bugra Kaan Cakiroglu
Aim
Students who successfully complete this course will be able to recognize the principles of personal and in-kind guarantee law. They will be able to establish connections between the application of the Supreme Court and the theoretical principles on the subject. They will be able to express their knowledge on the subject verbally and in writing. They will be able to analyze the problems related to the personal and real guarantee law together with the Law of Obligations and Property Law. It will be able to produce solutions to legal problems identified in this process.
Information on the collateral institution, which is used to reduce the risks that a debt relationship may create as much as possible, cannot be presented collectively in law faculties, and is discussed in different contexts in different courses during the four-year education period. The aim of this course, named Collateral Law, is to review the undergraduate education once again and to evaluate the information about these different types of collateral. In addition, it is aimed to inform the participants about the problems that arise in practice in terms of guarantees and the solutions of the Yargıtay to these problems.
Course Content
This course contains; Pledge of Rights Related to Negotiable Documents ( Pledge of Stocks, Status in the Dematerialized System),Bail Agreement,Warranty Agreement,Assignment of Ordinary Claims for Collateral,Pledge of Ordinary Receivables (Pedge of Deposits in Banks),Pledge of Receivables Due to Negotiable Documents (Pledging Turnover),Assignment of Negotiable Receivables,Collateral Power of Assignment Turnover from Guarantees Specific to Bills of Exchange,Aval, One of the Guarantees Specific to Bills of Exchange,Pledge of Ordinary Rights,Movable Pledge,Real Estate Pledge,Commercial Enterprise Pledge,Bank Letters of Guarantee,Credit Life Insurance.
Dersin Öğrenme Kazanımları
Teaching Methods
Assessment Methods
Teaching Methods:
Assessment Methods:
Course Outline
Order
Subjects
Preliminary Work
0
Pledge of Rights Related to Negotiable Documents ( Pledge of Stocks, Status in the Dematerialized System)
1
Bail Agreement
2
Warranty Agreement
3
Assignment of Ordinary Claims for Collateral
4
Pledge of Ordinary Receivables (Pedge of Deposits in Banks)
5
Pledge of Receivables Due to Negotiable Documents (Pledging Turnover)
6
Assignment of Negotiable Receivables
7
Collateral Power of Assignment Turnover from Guarantees Specific to Bills of Exchange
8
Aval, One of the Guarantees Specific to Bills of Exchange
1- İlhan Helvacı, Türk Medeni Kanunu'na Göre Sözleşmeden Doğan İpotek Hakkı ( The Contractual Mortgage According to Turkish Civil Code )
2- Haluk Tandoğan, Borçlar Hukuku-Özel Borç İlişkileri ( Law of Obligations : Special Part )
3- Türk Hukuk Sisteminde Banka Teminat Mektupları, Nami Barlas ( Bank Guarantees According to Turkish Law System )
4- İlhan Helvacı, Türk Medeni Kanunu'na Göre Lex Commissoria Yasağı ( The Prohibition of Lex Commissoria According to Turkish Civil Code )
5- Oğuzman/Seliçi/Oktay-Özdemir, Eşya Hukuku ( Law of Property
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.
