Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| MEDIATION as A PREREQUISITE for COMMERCIAL LITIGATION WITHIN the FRAMEWORK of the SUPREME COURT DECISIONS | - | 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 | Assoc.Prof. Harun ERYİĞİT |
| Name of Lecturer(s) | Assoc.Prof. Harun ERYİĞİT |
| Assistant(s) | |
| Aim | Mediation is regulated as a prerequisite for commercial litigation with Law numbered 7155. As a consequence, the ongoing debates, regarding the determination of the commercial litigations, have spread to the mediation process. The aim of this course is to handle these debates within the framework of the mediation institution, which is a requirement for litigation, and to create solutions to mentioned problems. As demonstrated, creating proper solutions is only conceivable by assessing suitable criteria for the mediation institution. |
| Course Content | This course contains; Commercial Enterprises/ Commercial Business / Merchant ,Concept of Dispute and Litigation,Commercial Litigation,Alternative Dispute Resolution Methods ,Mediation and its Essential Principles,Mediation as a Prerequisite for Commercial Litigation and Results ,Disputes Arising from Bills of Exchange,Disputes Regarding Termination and Liquidation of Simple Partnership,Disputes Regarding Relative Commercial Litigation,Disputes Regarding Capital Subscription,Disputes Arising from Shareholders' Agreement,Disputes Regarding Dividend Payment,Disputes arising from Non-Competition Agreement,Disputes Arising from the Transfer of Commercial Enterprise. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Recognizes the basic principles and concepts of commercial enterprise law | 10, 16, 9 | A, E |
| Determines the provisions regarding the concept of commercial litigation | 10, 16, 9 | A, E |
| Identify the problems arising within the framework of litigation condition mediation | 13, 16, 4, 9 | A, E |
| Identify the problems arising within the framework of litigation condition mediation | 13, 16, 4, 9 | A, E |
| Provide solutions the problems arising within the scope of commercial litigation requirement mediation | 10, 13, 16, 4, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Commercial Enterprises/ Commercial Business / Merchant | No prior preparation is required. |
| 2 | Concept of Dispute and Litigation | No prior preparation is required. |
| 3 | Commercial Litigation | No prior preparation is required. |
| 4 | Alternative Dispute Resolution Methods | No prior preparation is required. |
| 5 | Mediation and its Essential Principles | No prior preparation is required. |
| 6 | Mediation as a Prerequisite for Commercial Litigation and Results | No prior preparation is required. |
| 7 | Disputes Arising from Bills of Exchange | No prior preparation is required. |
| 8 | Disputes Regarding Termination and Liquidation of Simple Partnership | No prior preparation is required. |
| 9 | Disputes Regarding Relative Commercial Litigation | No prior preparation is required. |
| 10 | Disputes Regarding Capital Subscription | No prior preparation is required. |
| 11 | Disputes Arising from Shareholders' Agreement | No prior preparation is required. |
| 12 | Disputes Regarding Dividend Payment | No prior preparation is required. |
| 13 | Disputes arising from Non-Competition Agreement | No prior preparation is required. |
| 14 | Disputes Arising from the Transfer of Commercial Enterprise | No prior preparation is required. |
| Resources |
| * Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters * TEMEL ARABULUCULUK EĞİTİMİ Katılımcı Kitabı |
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 | 1 | 30 | 30 | |||
| Midterm Exam | 0 | 0 | 0 | |||
| General Exam | 1 | 90 | 90 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 252 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(252/30) | 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 |
|---|---|---|---|---|---|
| MEDIATION as A PREREQUISITE for COMMERCIAL LITIGATION WITHIN the FRAMEWORK of the SUPREME COURT DECISIONS | - | 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 | Assoc.Prof. Harun ERYİĞİT |
| Name of Lecturer(s) | Assoc.Prof. Harun ERYİĞİT |
| Assistant(s) | |
| Aim | Mediation is regulated as a prerequisite for commercial litigation with Law numbered 7155. As a consequence, the ongoing debates, regarding the determination of the commercial litigations, have spread to the mediation process. The aim of this course is to handle these debates within the framework of the mediation institution, which is a requirement for litigation, and to create solutions to mentioned problems. As demonstrated, creating proper solutions is only conceivable by assessing suitable criteria for the mediation institution. |
| Course Content | This course contains; Commercial Enterprises/ Commercial Business / Merchant ,Concept of Dispute and Litigation,Commercial Litigation,Alternative Dispute Resolution Methods ,Mediation and its Essential Principles,Mediation as a Prerequisite for Commercial Litigation and Results ,Disputes Arising from Bills of Exchange,Disputes Regarding Termination and Liquidation of Simple Partnership,Disputes Regarding Relative Commercial Litigation,Disputes Regarding Capital Subscription,Disputes Arising from Shareholders' Agreement,Disputes Regarding Dividend Payment,Disputes arising from Non-Competition Agreement,Disputes Arising from the Transfer of Commercial Enterprise. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Recognizes the basic principles and concepts of commercial enterprise law | 10, 16, 9 | A, E |
| Determines the provisions regarding the concept of commercial litigation | 10, 16, 9 | A, E |
| Identify the problems arising within the framework of litigation condition mediation | 13, 16, 4, 9 | A, E |
| Identify the problems arising within the framework of litigation condition mediation | 13, 16, 4, 9 | A, E |
| Provide solutions the problems arising within the scope of commercial litigation requirement mediation | 10, 13, 16, 4, 9 | A, E |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Commercial Enterprises/ Commercial Business / Merchant | No prior preparation is required. |
| 2 | Concept of Dispute and Litigation | No prior preparation is required. |
| 3 | Commercial Litigation | No prior preparation is required. |
| 4 | Alternative Dispute Resolution Methods | No prior preparation is required. |
| 5 | Mediation and its Essential Principles | No prior preparation is required. |
| 6 | Mediation as a Prerequisite for Commercial Litigation and Results | No prior preparation is required. |
| 7 | Disputes Arising from Bills of Exchange | No prior preparation is required. |
| 8 | Disputes Regarding Termination and Liquidation of Simple Partnership | No prior preparation is required. |
| 9 | Disputes Regarding Relative Commercial Litigation | No prior preparation is required. |
| 10 | Disputes Regarding Capital Subscription | No prior preparation is required. |
| 11 | Disputes Arising from Shareholders' Agreement | No prior preparation is required. |
| 12 | Disputes Regarding Dividend Payment | No prior preparation is required. |
| 13 | Disputes arising from Non-Competition Agreement | No prior preparation is required. |
| 14 | Disputes Arising from the Transfer of Commercial Enterprise | No prior preparation is required. |
| Resources |
| * Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters * TEMEL ARABULUCULUK EĞİTİMİ Katılımcı Kitabı |
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 | |