Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CURRENT PROBLEMS of EXECUTION and BANKRUPCTY 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. Müjgan TUNÇ YÜCEL |
| Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | Research Assistant M. Ceren Erdem Research Assistant E. Hande Boztosun Bozkurt |
| Aim | General principles of compulsory enforcement law, a theoretical and practical detailed examination of the ways of pursuing in partial enforcement, a detailed theoretical and practical examination of the general principles of general enforcement law, the total enforcement system, ways of pursuing in full enforcement, composition law and debt restructuring law. It is aimed to examine the current law changes in the field of enforcement and bankruptcy law and the decisions of the Supreme Court of Appeals. |
| Course Content | This course contains; Subject of Enforcement, Tracking Systems and Types of Tracking, and Enforcement Organization,Complaint Way - Features and Results,Pursuit via General Seizure (Follow-Up Request- Payment Order- Removal of Objection and Cancellation of Objection),Protection of the Debtor in Terms of Substantive Law, Negative Determination and Recovery CasesRespect to Legal Protection of the debtor's property,General Principles Regarding Participation in Seizure, Conversion to Cash and Distribution of Money,Pursuit by Converting Bills of Exchange into Cash,Evacuation of Leased Real Estate through Execution Without Judgment,Execution of Judgments,Pursuit by Converting the Pledge into Cash - Precautionary Seizure,The Concept and Legal Nature of Bankruptcy, Persons Subject to Bankruptcy,Pursuit Through Bankruptcy: Opening of Bankruptcy in Ordinary Pursuit and Pursuit through Bankruptcy Based on Bills of Exchange, Direct Bankruptcy Cases,Legal Consequences of Bankruptcy for Debtors and Creditors,Bankruptcy Liquidation - Removing Bankruptcy and Closing Bankruptcy,Cancellation of Savings Case and Concordat Law. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1.Discusses the purpose and principles of enforcement law. | 10, 16, 19, 9 | A, E |
| 2. Investigates judicial decisions regarding the provisions of the Enforcement and Bankruptcy Law. | 10, 14, 16, 9 | A, E |
| 3. Illustrates the problems in enforcement and bankruptcy law. | 14, 16, 9 | A, E |
| 4. Compares judicial decisions regarding enforcement and bankruptcy law. | 10, 19, 9 | A, E |
| 5. Examines the judicial decisions given in the field of enforcement and bankruptcy law and draws conclusions on the subject. | 10, 16, 9 | A, E |
| 6. Produces solution suggestions regarding problematic points of enforcement and bankruptcy law. | 16, 9 | A, D |
| 7. Illustrates the problems related to compulsory and universal enforcement law. | 14, 16, 9 | A, E |
| 8. Lists doctrinal views on enforcement and bankruptcy law. | 14, 9 | A |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Subject of Enforcement, Tracking Systems and Types of Tracking, and Enforcement Organization | Student reads the "Introduction to Enforcement Law - Types of Prosecution and Enforcement Organization" section of the works in the resources section. Researches judicial decisions on the subject. |
| 2 | Complaint Way - Features and Results | Student reads the "Complaint" section of the works in the resources section. Researches judicial decisions on the subject. |
| 3 | Pursuit via General Seizure (Follow-Up Request- Payment Order- Removal of Objection and Cancellation of Objection) | Student reads the section "Initiating Proceedings through General Seizure - Request for Pursuit - Payment Order - Removing the Objection - Cancellation of the Objection" from the works in the resources section. Researches judicial decisions on the subject. |
| 4 | Protection of the Debtor in Terms of Substantive Law, Negative Determination and Recovery CasesRespect to Legal Protection of the debtor's property | Student reads the "Negative Detection and Extortion Case" section from the works in the resources section. Researches judicial decisions on the subject. |
| 5 | General Principles Regarding Participation in Seizure, Conversion to Cash and Distribution of Money | Student reads the section "Participation in Seizure, Conversion into Cash and Distribution of Money" from the works in the resources section. Researches judicial decisions on the subject. |
| 6 | Pursuit by Converting Bills of Exchange into Cash | Student reads the "Follow-Up through the Conversion of Bills of Exchange into Cash" section of the works in the resources section. Researches judicial decisions on the subject. |
| 7 | Evacuation of Leased Real Estate through Execution Without Judgment | Student reads the "Eviction of Rented Real Estate Without Judgment" section from the works in the resources section. Researches judicial decisions on the subject. |
| 8 | Execution of Judgments | The student reads the "Execution of Judgments" section from the works in the resources section. Researches judicial decisions on the subject. |
| 9 | Pursuit by Converting the Pledge into Cash - Precautionary Seizure | tudent reads the "Pursuance through Conversion of Pledge into Money" and "Precautionary Seizure" sections from the works in the resources section. Researches judicial decisions on the subject. |
| 10 | The Concept and Legal Nature of Bankruptcy, Persons Subject to Bankruptcy | Student reads the "Overview of Bankruptcy Law - Persons Subject to Bankruptcy" section from the works in the resources section. Researches judicial decisions on the subject. |
| 11 | Pursuit Through Bankruptcy: Opening of Bankruptcy in Ordinary Pursuit and Pursuit through Bankruptcy Based on Bills of Exchange, Direct Bankruptcy Cases | Student reads the sections "Proceeding through General Bankruptcy", "Proceeding through Bankruptcy Specific to Bills of Exchange", "Bankruptcy Without Proceeding" from the works in the resources section. Researches judicial decisions on the subject. |
| 12 | Legal Consequences of Bankruptcy for Debtors and Creditors | Student reads the "Legal Consequences of Bankruptcy" section from the works in the resources section. Researches judicial decisions on the subject. |
| 13 | Bankruptcy Liquidation - Removing Bankruptcy and Closing Bankruptcy | Student reads the section "Bankruptcy Liquidation - Removal of Bankruptcy - Closing of Bankruptcy" from the works in the resources section. Researches judicial decisions on the subject. |
| 14 | Cancellation of Savings Case and Concordat Law | Student reads the "Case for Cancellation of Savings" and "Concordat" sections from the works in the resources section. Researches judicial decisions on the subject. |
| Resources |
| Kuru, Baki, İcra ve İflas Hukuku Ders Kitabı, 2. Bası, 2013, Öztek, Selçuk/ Budak, Ali Cem/ Tunç Yücel, Müjgan/ Kale, Serdar/ Yeşilova, Bilgehan, Yeni Konkordato Hukuku, 3. Baskı, 2023, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi, İstanbul 1949. |
| Yargıtay Karar Arama Lexpera Karar Arama Kazancı Karar Arama |
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 | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 90 | 90 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 35 | 35 | |||
| General Exam | 1 | 60 | 60 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 227 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(227/30) | 8 | |||||
| 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 |
|---|---|---|---|---|---|
| CURRENT PROBLEMS of EXECUTION and BANKRUPCTY 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. Müjgan TUNÇ YÜCEL |
| Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | Research Assistant M. Ceren Erdem Research Assistant E. Hande Boztosun Bozkurt |
| Aim | General principles of compulsory enforcement law, a theoretical and practical detailed examination of the ways of pursuing in partial enforcement, a detailed theoretical and practical examination of the general principles of general enforcement law, the total enforcement system, ways of pursuing in full enforcement, composition law and debt restructuring law. It is aimed to examine the current law changes in the field of enforcement and bankruptcy law and the decisions of the Supreme Court of Appeals. |
| Course Content | This course contains; Subject of Enforcement, Tracking Systems and Types of Tracking, and Enforcement Organization,Complaint Way - Features and Results,Pursuit via General Seizure (Follow-Up Request- Payment Order- Removal of Objection and Cancellation of Objection),Protection of the Debtor in Terms of Substantive Law, Negative Determination and Recovery CasesRespect to Legal Protection of the debtor's property,General Principles Regarding Participation in Seizure, Conversion to Cash and Distribution of Money,Pursuit by Converting Bills of Exchange into Cash,Evacuation of Leased Real Estate through Execution Without Judgment,Execution of Judgments,Pursuit by Converting the Pledge into Cash - Precautionary Seizure,The Concept and Legal Nature of Bankruptcy, Persons Subject to Bankruptcy,Pursuit Through Bankruptcy: Opening of Bankruptcy in Ordinary Pursuit and Pursuit through Bankruptcy Based on Bills of Exchange, Direct Bankruptcy Cases,Legal Consequences of Bankruptcy for Debtors and Creditors,Bankruptcy Liquidation - Removing Bankruptcy and Closing Bankruptcy,Cancellation of Savings Case and Concordat Law. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1.Discusses the purpose and principles of enforcement law. | 10, 16, 19, 9 | A, E |
| 2. Investigates judicial decisions regarding the provisions of the Enforcement and Bankruptcy Law. | 10, 14, 16, 9 | A, E |
| 3. Illustrates the problems in enforcement and bankruptcy law. | 14, 16, 9 | A, E |
| 4. Compares judicial decisions regarding enforcement and bankruptcy law. | 10, 19, 9 | A, E |
| 5. Examines the judicial decisions given in the field of enforcement and bankruptcy law and draws conclusions on the subject. | 10, 16, 9 | A, E |
| 6. Produces solution suggestions regarding problematic points of enforcement and bankruptcy law. | 16, 9 | A, D |
| 7. Illustrates the problems related to compulsory and universal enforcement law. | 14, 16, 9 | A, E |
| 8. Lists doctrinal views on enforcement and bankruptcy law. | 14, 9 | A |
| Teaching Methods: | 10: Discussion Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Subject of Enforcement, Tracking Systems and Types of Tracking, and Enforcement Organization | Student reads the "Introduction to Enforcement Law - Types of Prosecution and Enforcement Organization" section of the works in the resources section. Researches judicial decisions on the subject. |
| 2 | Complaint Way - Features and Results | Student reads the "Complaint" section of the works in the resources section. Researches judicial decisions on the subject. |
| 3 | Pursuit via General Seizure (Follow-Up Request- Payment Order- Removal of Objection and Cancellation of Objection) | Student reads the section "Initiating Proceedings through General Seizure - Request for Pursuit - Payment Order - Removing the Objection - Cancellation of the Objection" from the works in the resources section. Researches judicial decisions on the subject. |
| 4 | Protection of the Debtor in Terms of Substantive Law, Negative Determination and Recovery CasesRespect to Legal Protection of the debtor's property | Student reads the "Negative Detection and Extortion Case" section from the works in the resources section. Researches judicial decisions on the subject. |
| 5 | General Principles Regarding Participation in Seizure, Conversion to Cash and Distribution of Money | Student reads the section "Participation in Seizure, Conversion into Cash and Distribution of Money" from the works in the resources section. Researches judicial decisions on the subject. |
| 6 | Pursuit by Converting Bills of Exchange into Cash | Student reads the "Follow-Up through the Conversion of Bills of Exchange into Cash" section of the works in the resources section. Researches judicial decisions on the subject. |
| 7 | Evacuation of Leased Real Estate through Execution Without Judgment | Student reads the "Eviction of Rented Real Estate Without Judgment" section from the works in the resources section. Researches judicial decisions on the subject. |
| 8 | Execution of Judgments | The student reads the "Execution of Judgments" section from the works in the resources section. Researches judicial decisions on the subject. |
| 9 | Pursuit by Converting the Pledge into Cash - Precautionary Seizure | tudent reads the "Pursuance through Conversion of Pledge into Money" and "Precautionary Seizure" sections from the works in the resources section. Researches judicial decisions on the subject. |
| 10 | The Concept and Legal Nature of Bankruptcy, Persons Subject to Bankruptcy | Student reads the "Overview of Bankruptcy Law - Persons Subject to Bankruptcy" section from the works in the resources section. Researches judicial decisions on the subject. |
| 11 | Pursuit Through Bankruptcy: Opening of Bankruptcy in Ordinary Pursuit and Pursuit through Bankruptcy Based on Bills of Exchange, Direct Bankruptcy Cases | Student reads the sections "Proceeding through General Bankruptcy", "Proceeding through Bankruptcy Specific to Bills of Exchange", "Bankruptcy Without Proceeding" from the works in the resources section. Researches judicial decisions on the subject. |
| 12 | Legal Consequences of Bankruptcy for Debtors and Creditors | Student reads the "Legal Consequences of Bankruptcy" section from the works in the resources section. Researches judicial decisions on the subject. |
| 13 | Bankruptcy Liquidation - Removing Bankruptcy and Closing Bankruptcy | Student reads the section "Bankruptcy Liquidation - Removal of Bankruptcy - Closing of Bankruptcy" from the works in the resources section. Researches judicial decisions on the subject. |
| 14 | Cancellation of Savings Case and Concordat Law | Student reads the "Case for Cancellation of Savings" and "Concordat" sections from the works in the resources section. Researches judicial decisions on the subject. |
| Resources |
| Kuru, Baki, İcra ve İflas Hukuku Ders Kitabı, 2. Bası, 2013, Öztek, Selçuk/ Budak, Ali Cem/ Tunç Yücel, Müjgan/ Kale, Serdar/ Yeşilova, Bilgehan, Yeni Konkordato Hukuku, 3. Baskı, 2023, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi, İstanbul 1949. |
| Yargıtay Karar Arama Lexpera Karar Arama Kazancı Karar Arama |
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 | |