ENFORCEMENT PROCEEDING THROUGH FORECLOSURE of HYPOTEC
-
Spring 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 provide by essential of foreclosure of hypothec to apprehend with essential of material law of hypothec guarantee. And to give point of view about problems in implementation.
Course Content
This course contains; 1. Real property pledge and hypothec's position in real property pledge.,2. Sorts of hypothec and according to this sorts scope of guarantee.,3. Principle dominated hypothec and especially "principle of clarity and definiteness" and evaluating this principle with problems in implementation.,4. "interdictum of lex comissoria" being essential of execution for debt through foreclosure of hypothec.,5. problem of foreclosure of hypothec with specific way.,6. İİK 65 and the rule of first applying pledge,7. sort of execution for debt through foreclosure of hypothec accordingt to İİK.,8. enforcement proceedings without judgment through foreclosure of hypothec.,9. Special provision for enforcement proceedings without judgment through foreclosure of hypothec for credit institutions.,10. enforcement proceeding with judgement through foreclosure of hypothec.,11. enforcement proceeding with judgement pursuant to İİK 150/h.,12. enforcement proceeding with judgement pursuant to İİK 149.,13. enforcement proceeding with judgement pursuant to İİK 150/ı and for credit institutions.,14. Common provisions for encashment..
Dersin Öğrenme Kazanımları
Teaching Methods
Assessment Methods
will be able to explain real property pledge.
13, 14, 16, 4, 9
A, D, E
sort outs real property pledge.
13, 14, 16, 19, 4, 9
A, D
apprehends articles of real property pledge.
13, 14, 16, 19, 4, 9
A, D
determines principle dominated real property pledge.
13, 16, 19, 9
A, D
will be ablte to analyse execution for debt through foreclosure of hypothec.
13, 19, 4, 9
A, D
apprehends enforcement proceeding with judgement through foreclosure of hypothec.
13, 16, 19, 4, 9
A, D
apprehedens enforcement proceedings without judgment through foreclosure of hypothec.
13, 16, 19, 4, 9
A, D
analyses effets to sort of execution for debt of sort of hypothec.
12, 13, 16, 19, 4, 9
A, D
will be able to a recognize special provision in İİK.
12, 13, 16, 19, 4, 9
A, D
analyses İİK 149.
13, 16, 19, 4, 9
A, D
analyses İİK 150/ı.
12, 13, 16, 19, 4, 9
A, D
criticises special provision in İİK.
12, 13, 16, 19, 9
A, D
Teaching Methods:
12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 4: Inquiry-Based Learning, 9: Lecture Method
Assessment Methods:
A: Traditional Written Exam, D: Oral Exam, E: Homework
Course Outline
Order
Subjects
Preliminary Work
1
1. Real property pledge and hypothec's position in real property pledge.
2
2. Sorts of hypothec and according to this sorts scope of guarantee.
3
3. Principle dominated hypothec and especially "principle of clarity and definiteness" and evaluating this principle with problems in implementation.
4
4. "interdictum of lex comissoria" being essential of execution for debt through foreclosure of hypothec.
5
5. problem of foreclosure of hypothec with specific way.
6
6. İİK 65 and the rule of first applying pledge
7
7. sort of execution for debt through foreclosure of hypothec accordingt to İİK.
8
8. enforcement proceedings without judgment through foreclosure of hypothec.
9
9. Special provision for enforcement proceedings without judgment through foreclosure of hypothec for credit institutions.
10
10. enforcement proceeding with judgement through foreclosure of hypothec.
11
11. enforcement proceeding with judgement pursuant to İİK 150/h.
12
12. enforcement proceeding with judgement pursuant to İİK 149.
13
13. enforcement proceeding with judgement pursuant to İİK 150/ı and for credit institutions.
14
14. Common provisions for encashment.
Resources
Lecture notes will not be given.
Ali Cem Budak, İpoteğin Paraya Çevrilmesi Yoluyla Takip, İstanbul 2009.
Müjgan Tunç Yücel, Banka Alacaklarının İpoteğin Paraya Çevrilmesi Yoluyla Takibi, İstanbul 2010.
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.
X
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
14
3
42
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
0
0
0
Quiz
0
0
0
Midterm Exam
8
6
48
General Exam
14
6
84
Performance Task, Maintenance Plan
0
0
0
Total Workload(Hour)
258
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(258/30)
9
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
ENFORCEMENT PROCEEDING THROUGH FORECLOSURE of HYPOTEC
-
Spring 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 provide by essential of foreclosure of hypothec to apprehend with essential of material law of hypothec guarantee. And to give point of view about problems in implementation.
Course Content
This course contains; 1. Real property pledge and hypothec's position in real property pledge.,2. Sorts of hypothec and according to this sorts scope of guarantee.,3. Principle dominated hypothec and especially "principle of clarity and definiteness" and evaluating this principle with problems in implementation.,4. "interdictum of lex comissoria" being essential of execution for debt through foreclosure of hypothec.,5. problem of foreclosure of hypothec with specific way.,6. İİK 65 and the rule of first applying pledge,7. sort of execution for debt through foreclosure of hypothec accordingt to İİK.,8. enforcement proceedings without judgment through foreclosure of hypothec.,9. Special provision for enforcement proceedings without judgment through foreclosure of hypothec for credit institutions.,10. enforcement proceeding with judgement through foreclosure of hypothec.,11. enforcement proceeding with judgement pursuant to İİK 150/h.,12. enforcement proceeding with judgement pursuant to İİK 149.,13. enforcement proceeding with judgement pursuant to İİK 150/ı and for credit institutions.,14. Common provisions for encashment..
Dersin Öğrenme Kazanımları
Teaching Methods
Assessment Methods
will be able to explain real property pledge.
13, 14, 16, 4, 9
A, D, E
sort outs real property pledge.
13, 14, 16, 19, 4, 9
A, D
apprehends articles of real property pledge.
13, 14, 16, 19, 4, 9
A, D
determines principle dominated real property pledge.
13, 16, 19, 9
A, D
will be ablte to analyse execution for debt through foreclosure of hypothec.
13, 19, 4, 9
A, D
apprehends enforcement proceeding with judgement through foreclosure of hypothec.
13, 16, 19, 4, 9
A, D
apprehedens enforcement proceedings without judgment through foreclosure of hypothec.
13, 16, 19, 4, 9
A, D
analyses effets to sort of execution for debt of sort of hypothec.
12, 13, 16, 19, 4, 9
A, D
will be able to a recognize special provision in İİK.
12, 13, 16, 19, 4, 9
A, D
analyses İİK 149.
13, 16, 19, 4, 9
A, D
analyses İİK 150/ı.
12, 13, 16, 19, 4, 9
A, D
criticises special provision in İİK.
12, 13, 16, 19, 9
A, D
Teaching Methods:
12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 4: Inquiry-Based Learning, 9: Lecture Method
Assessment Methods:
A: Traditional Written Exam, D: Oral Exam, E: Homework
Course Outline
Order
Subjects
Preliminary Work
1
1. Real property pledge and hypothec's position in real property pledge.
2
2. Sorts of hypothec and according to this sorts scope of guarantee.
3
3. Principle dominated hypothec and especially "principle of clarity and definiteness" and evaluating this principle with problems in implementation.
4
4. "interdictum of lex comissoria" being essential of execution for debt through foreclosure of hypothec.
5
5. problem of foreclosure of hypothec with specific way.
6
6. İİK 65 and the rule of first applying pledge
7
7. sort of execution for debt through foreclosure of hypothec accordingt to İİK.
8
8. enforcement proceedings without judgment through foreclosure of hypothec.
9
9. Special provision for enforcement proceedings without judgment through foreclosure of hypothec for credit institutions.
10
10. enforcement proceeding with judgement through foreclosure of hypothec.
11
11. enforcement proceeding with judgement pursuant to İİK 150/h.
12
12. enforcement proceeding with judgement pursuant to İİK 149.
13
13. enforcement proceeding with judgement pursuant to İİK 150/ı and for credit institutions.
14
14. Common provisions for encashment.
Resources
Lecture notes will not be given.
Ali Cem Budak, İpoteğin Paraya Çevrilmesi Yoluyla Takip, İstanbul 2009.
Müjgan Tunç Yücel, Banka Alacaklarının İpoteğin Paraya Çevrilmesi Yoluyla Takibi, İstanbul 2010.
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.
X
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.
