Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| APPEAL PURSUANT to CIVIL PROCEDURE CODE | - | Fall Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | |
| Aim | To have theoretical knowledge about appeal and to ensure that students have knowledge about the solution of practical problems in this field. |
| Course Content | This course contains; History of the appeal and the concept of appeal,Purpose of the appeal law, process,Decisions to be appealed,Persons who can appeal and waiver of appeal,Appeal procedure ,Preliminary examination of Appeal and rejection of the appeal,Actions that cannot be made in the appeal law,Right to Bring New Litigation Material in the Appeal,Investigation in the appeal law and scope of review, trial and decision,Decisions of the court of appeal,Material and legal control in appeal,Decisions that can be appealed on appeal,Appeal Procedure,Actions to be Taken on the Appeal Application. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| As a result of this course, the student | 10, 13, 14, 16, 19, 2, 4, 5, 9 | A, D, E |
| 1. History of the appeal and the concept of appeal | 10, 12, 13, 16, 19, 4, 5, 9 | A, D, E |
| 2. Purpose of the appeal law, process | 10, 12, 13, 14, 16, 19, 4, 9 | A, D, E |
| 3. Decisions to be appealed | 10, 12, 13, 14, 16, 19, 4, 9 | A, D, E |
| 4. Appeal | 10, 12, 13, 14, 16, 18, 19, 2, 4, 5, 9 | A, D, E |
| 5. Persons who can appeal | 12, 13, 14, 16, 19, 4, 5, 9 | A, D, E |
| 6. Waiver of appeal | 10, 12, 13, 14, 16, 19, 4, 5, 6, 9 | A, D, E |
| 7. Deadline for appeal | 10, 12, 13, 14, 16, 19, 4, 5, 9 | A, D, E |
| 8. Court of competent jurisdiction | 10, 13, 19, 5, 9 | A, D, E |
| 9. How to Apply for Appeal and Appeal by Participation | 10, 13, 16, 19, 4, 5, 9 | A, D, E |
| 10. Grounds of appeal | 12, 13, 16, 19, 4, 9 | A, D, E |
| 11. Appeal review and decision | 12, 13, 14, 19, 4, 9 | A, D, E |
| 11. Preliminary examination | 13, 14, 16, 19, 4, 9 | A, D, E |
| 11.2 Result of preliminary inspection | 12, 13, 16, 19, 4, 9 | A, D, E |
| 12. Investigations | 10, 12, 13, 16, 19, 4, 5, 9 | A, D, E |
| 12.1. Scope of the investigation | 10, 12, 18, 19, 4, 9 | A, D, E |
| 12.2. Procedure of investigative examination | 13, 14, 16, 19, 5, 9 | A, D, E |
| 12.3. Actions taht cannot be made in the appeal law | 10, 12, 13, 14, 16, 19, 4, 5, 6, 9 | A, D, E |
| 13. Judgment | 10, 12, 13, 16, 19, 4, 9 | A, D, E |
| 14. Decisions of the court of appeal | 12, 13, 14, 16, 19, 4, 9 | A, D, E |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 18: Micro Teaching Technique, 19: Brainstorming Technique, 2: Project Based Learning Model, 4: Inquiry-Based Learning, 5: Cooperative Learning, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | History of the appeal and the concept of appeal | |
| 2 | Purpose of the appeal law, process | |
| 3 | Decisions to be appealed | |
| 4 | Persons who can appeal and waiver of appeal | |
| 5 | Appeal procedure | |
| 6 | Preliminary examination of Appeal and rejection of the appeal | |
| 7 | Actions that cannot be made in the appeal law | |
| 8 | Right to Bring New Litigation Material in the Appeal | |
| 9 | Investigation in the appeal law and scope of review, trial and decision | |
| 10 | Decisions of the court of appeal | |
| 11 | Material and legal control in appeal | |
| 12 | Decisions that can be appealed on appeal | |
| 13 | Appeal Procedure | |
| 14 | Actions to be Taken on the Appeal Application |
| Resources |
| No course grades will be given. |
| 1. Baki Kuru, İstinaf Sistemine Göre Yazılmış Medeni Usul Hukuku, Legal Yayıncılık, 2016. 2. Baki Kuru, İstinaf Sistemine Göre Yazılmış İcra ve İflas Hukuku, Legal Yayıncılık, 2016. 3.Hakan Pekcanıtez/ Oğuz Atalay/ Muhammed Özekes, Medeni Usul Hukuku, Yetkin Yayıncılık, 2016. 4. Ramazan Arslan/Ejder Yılmaz/ Sema Taşpınar Ayvaz, Medeni Usul Hukuku, 2. Bası, Yetkin Yayıncılık, 2016. 5. Tolga Akkaya, Medeni Usul Hukukunda İstinaf, Yetkin Yayıncılık, Ankara 2009. 6. Cenk Akil, İstinaf Kavramı, Yetkin Yayıncılık, Ankara 2010. 7. Deniz Meraklı Yayla, Medeni Usul Hukukunda İstinaf Kanunyolunda Yeniden Tahkikat Yapılması, Yetkin Yayıncılık, 2014. 8. Selçuk ÖZTEK, Türk Medeni Yargılama Hukukunda İstinaf ve Temyiz, 2021. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the private law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) 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 | PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | 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 | 16 | 3 | 48 | |||
| Guided Problem Solving | 14 | 3 | 42 | |||
| Resolution of Homework Problems and Submission as a Report | 14 | 3 | 42 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 14 | 3 | 42 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 8 | 5 | 40 | |||
| General Exam | 14 | 6 | 84 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 298 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(298/30) | 10 | |||||
| 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 |
|---|---|---|---|---|---|
| APPEAL PURSUANT to CIVIL PROCEDURE CODE | - | Fall Semester | 3+0 | 3 | 8 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | |
| Aim | To have theoretical knowledge about appeal and to ensure that students have knowledge about the solution of practical problems in this field. |
| Course Content | This course contains; History of the appeal and the concept of appeal,Purpose of the appeal law, process,Decisions to be appealed,Persons who can appeal and waiver of appeal,Appeal procedure ,Preliminary examination of Appeal and rejection of the appeal,Actions that cannot be made in the appeal law,Right to Bring New Litigation Material in the Appeal,Investigation in the appeal law and scope of review, trial and decision,Decisions of the court of appeal,Material and legal control in appeal,Decisions that can be appealed on appeal,Appeal Procedure,Actions to be Taken on the Appeal Application. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| As a result of this course, the student | 10, 13, 14, 16, 19, 2, 4, 5, 9 | A, D, E |
| 1. History of the appeal and the concept of appeal | 10, 12, 13, 16, 19, 4, 5, 9 | A, D, E |
| 2. Purpose of the appeal law, process | 10, 12, 13, 14, 16, 19, 4, 9 | A, D, E |
| 3. Decisions to be appealed | 10, 12, 13, 14, 16, 19, 4, 9 | A, D, E |
| 4. Appeal | 10, 12, 13, 14, 16, 18, 19, 2, 4, 5, 9 | A, D, E |
| 5. Persons who can appeal | 12, 13, 14, 16, 19, 4, 5, 9 | A, D, E |
| 6. Waiver of appeal | 10, 12, 13, 14, 16, 19, 4, 5, 6, 9 | A, D, E |
| 7. Deadline for appeal | 10, 12, 13, 14, 16, 19, 4, 5, 9 | A, D, E |
| 8. Court of competent jurisdiction | 10, 13, 19, 5, 9 | A, D, E |
| 9. How to Apply for Appeal and Appeal by Participation | 10, 13, 16, 19, 4, 5, 9 | A, D, E |
| 10. Grounds of appeal | 12, 13, 16, 19, 4, 9 | A, D, E |
| 11. Appeal review and decision | 12, 13, 14, 19, 4, 9 | A, D, E |
| 11. Preliminary examination | 13, 14, 16, 19, 4, 9 | A, D, E |
| 11.2 Result of preliminary inspection | 12, 13, 16, 19, 4, 9 | A, D, E |
| 12. Investigations | 10, 12, 13, 16, 19, 4, 5, 9 | A, D, E |
| 12.1. Scope of the investigation | 10, 12, 18, 19, 4, 9 | A, D, E |
| 12.2. Procedure of investigative examination | 13, 14, 16, 19, 5, 9 | A, D, E |
| 12.3. Actions taht cannot be made in the appeal law | 10, 12, 13, 14, 16, 19, 4, 5, 6, 9 | A, D, E |
| 13. Judgment | 10, 12, 13, 16, 19, 4, 9 | A, D, E |
| 14. Decisions of the court of appeal | 12, 13, 14, 16, 19, 4, 9 | A, D, E |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 18: Micro Teaching Technique, 19: Brainstorming Technique, 2: Project Based Learning Model, 4: Inquiry-Based Learning, 5: Cooperative Learning, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | History of the appeal and the concept of appeal | |
| 2 | Purpose of the appeal law, process | |
| 3 | Decisions to be appealed | |
| 4 | Persons who can appeal and waiver of appeal | |
| 5 | Appeal procedure | |
| 6 | Preliminary examination of Appeal and rejection of the appeal | |
| 7 | Actions that cannot be made in the appeal law | |
| 8 | Right to Bring New Litigation Material in the Appeal | |
| 9 | Investigation in the appeal law and scope of review, trial and decision | |
| 10 | Decisions of the court of appeal | |
| 11 | Material and legal control in appeal | |
| 12 | Decisions that can be appealed on appeal | |
| 13 | Appeal Procedure | |
| 14 | Actions to be Taken on the Appeal Application |
| Resources |
| No course grades will be given. |
| 1. Baki Kuru, İstinaf Sistemine Göre Yazılmış Medeni Usul Hukuku, Legal Yayıncılık, 2016. 2. Baki Kuru, İstinaf Sistemine Göre Yazılmış İcra ve İflas Hukuku, Legal Yayıncılık, 2016. 3.Hakan Pekcanıtez/ Oğuz Atalay/ Muhammed Özekes, Medeni Usul Hukuku, Yetkin Yayıncılık, 2016. 4. Ramazan Arslan/Ejder Yılmaz/ Sema Taşpınar Ayvaz, Medeni Usul Hukuku, 2. Bası, Yetkin Yayıncılık, 2016. 5. Tolga Akkaya, Medeni Usul Hukukunda İstinaf, Yetkin Yayıncılık, Ankara 2009. 6. Cenk Akil, İstinaf Kavramı, Yetkin Yayıncılık, Ankara 2010. 7. Deniz Meraklı Yayla, Medeni Usul Hukukunda İstinaf Kanunyolunda Yeniden Tahkikat Yapılması, Yetkin Yayıncılık, 2014. 8. Selçuk ÖZTEK, Türk Medeni Yargılama Hukukunda İstinaf ve Temyiz, 2021. |
Course Contribution to Program Qualifications
| Course Contribution to Program Qualifications | |||||||
| No | Program Qualification | Contribution Level | |||||
| 1 | 2 | 3 | 4 | 5 | |||
| 1 | PY1) In light of the current developments in the field of private law, develop and deepen the knowledge about the main sources, legislation and jurisprudence which related to the private law. | X | |||||
| 2 | PY2) With understanding relationships among concept, institution and method that related to disciplines of private law, come up with original solutions by using knowledge requiring proficiency on analysis, synthesis and assessment of new and complex ideas. | X | |||||
| 3 | PY3) Evaluate and use new information within the private law in a systematic approach | X | |||||
| 4 | PY4) Evaluate innovative aproach an already known knowledge about private law or research and implement an original subject. | X | |||||
| 5 | PY5) Solve the problems encountered in the legal theory and practice by using research methods that specific to field of law. | X | |||||
| 6 | PY6) Evaluate innovative aproach an already known knowledge about private law or carry out an independent study which needs expertise in the field of public law and its sub-disciplines. | X | |||||
| 7 | PY7) 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 | PY8) Develop new ideas and methods in the field of private law by using high level mental processes such as creative and critical thinking, problem solving and decision making. | X | |||||
| 9 | PY9) Defend original views when exchanging ideas in the field of private law and itssub-disciplines with professionals and communicate effectively by showing competence in the field. | X | |||||
| 10 | PY10)Ability to communicate and discuss orally, in written and visually with peers by using a foreign language at least at a level of European Language Portfolio C1 General Level. | ||||||
| 11 | PY11) Demonstrate functional interaction by using strategic decision making processes in solving problems encountered in the field of law. | X | |||||
| 12 | PY12) With developing understanding of honesty, justice and ethics are required to be lawyer, teach around them. | X | |||||
| 13 | PY13)Contribute to the solution finding process regarding social, scientific, cultural and ethical problems in the field of law and support the development of these values. | X | |||||
Assessment Methods
| Contribution Level | Absolute Evaluation | |
| Rate of Midterm Exam to Success | 50 | |
| Rate of Final Exam to Success | 50 | |
| Total | 100 | |