Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CURRENT ISSUES of COMPOSITION | - | Spring Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate 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 | Provide to have knowledge to students regarding theorical knowledge of concordatum law and solution of practical problems in this field. |
| Course Content | This course contains; Legal Characteristics of Concordat and Comparison with Other Similar Institutions,Reasons for Application to Concordat, Application Procedure and Documents to be Attached to the Application,Temporary Terms,Definitive Terms , Duties of the Concordat Commissioner,Approval of Concordat,Concordat Approval Proceedings,Legal Status of Pledged Creditors in Concordat,Consequences of Concordat for Creditors,Consequences of Concordat for the Debtor,Consequences of the Decision on Acceptance and Rejection of Concordat,Termination of Concordat,Concordat After Bankruptcy,Concordat by way of Abandonment of Assets. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Explains the basic concepts of concordat. | 10, 14, 16, 19, 9 | A, E |
| Lists the problems arising in the concordat application process. | 10, 14, 16, 9 | A, E |
| Investigates the current judicial decisions on concordat. | 10, 14, 16, 19, 9 | A |
| Interprets the current law amendments regarding concordat. | 10, 14, 16, 19, 9 | A, E |
| Examines controversial issues related to concordat. | 10, 14, 16, 19, 9 | A, E |
| 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, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Legal Characteristics of Concordat and Comparison with Other Similar Institutions | The student reads the "Legal Characteristics of Concordat and Comparison with Other Similar Institutions" section in the references books. |
| 2 | Reasons for Application to Concordat, Application Procedure and Documents to be Attached to the Application | The student reads the "Reasons for Application to Concordat, Application Procedure and Documents to be Attached to the Application" section in the references books. |
| 3 | Temporary Terms | The student reads the "Temporary Period" section in the references books. |
| 4 | Definitive Terms | The student reads the "Definitive Terms " section in the references books. |
| 5 | Duties of the Concordat Commissioner | The student reads the " Duties of the Concordat Commissioner" section in the references books. |
| 6 | Approval of Concordat | The student reads the "Approval of Concordat" section in the references books. |
| 7 | Concordat Approval Proceedings | The student reads the "Concordat Approval Proceedings" section in the references books. |
| 8 | Legal Status of Pledged Creditors in Concordat | The student reads the "Legal Status of Pledged Creditors in Concordat" section in the references books. |
| 9 | Consequences of Concordat for Creditors | The student reads the "Consequences of Concordat for Creditors" section in the references books. |
| 10 | Consequences of Concordat for the Debtor | The student reads the "Consequences of Concordat for the Debtor" section in the references books. |
| 11 | Consequences of the Decision on Acceptance and Rejection of Concordat | The student reads the "Consequences of the Decision on Acceptance and Rejection of Concordat" section in the references books. |
| 12 | Termination of Concordat | The student reads the "Termination of Concordat" section in the references books. |
| 13 | Concordat After Bankruptcy | The student reads the "Concordat After Bankruptcy" section in the references books. |
| 14 | Concordat by way of Abandonment of Assets | The student reads the "Concordat by way of Abandonment of Assets" section in the references books. |
| Resources |
| Baki Kuru, İcra ve İflas Hukuku El Kitabı, 2. Baskı, İstanbul 2013. Baki Kuru, İcra ve İflas Hukuku, C. IV, İstanbul 1997. İlhan Postacıoğlu, Konkordato, İstanbul 1965. Süha Tanrıver, Konkordato Komiseri, Ankara 1993. Süha Tanrıver/Adnan Deynekli, Konkordatonun Tasdiki, Ankara 1996. Sümer Altay/Ali Eskiocak, Konkordato ve Yeniden Yapılanma Hukuku, İstanbul 2018, Serdar Kale, Sorularla Konkordato (İflas Dışı ve İflas İçi Adi Konkordato) 2017, Öztek, Selçuk/ Budak, Ali Cem/ Tunç Yücel, Müjgan/ Kale, Serdar/ Yeşilova, Bilgehan, Yeni Konkordato Hukuku (Current Edition), Sarısözen, M. Serhat, Konkordato (Current Edition), Pekcanıtez, Hakan/ Dönmez, Güray, 7101 Sayılı Kanun Çerçevesinde Konkordato (Current Edition). |
| Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, (Current Edition), Pekcanıtez, Hakan/ Atalay, Oğuz/ Sungurtekin Özkan, Meral/ Özekes, Muhammet, İcra ve İflas Hukuku Ders Kitabı (Curret Edition), Atalı, Murat/ Ermenek, İbrahim/ Erdoğan, Ersin, İcra ve İflas Hukuku, Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004,Üstündağ, Saim, İflas Hukuku, İstanbul 2009. |
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 | 3 | 14 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 70 | 70 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 222 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(222/30) | 7 | |||||
| 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 ISSUES of COMPOSITION | - | Spring Semester | 3+0 | 3 | 7 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | Third Cycle (Doctorate 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 | Provide to have knowledge to students regarding theorical knowledge of concordatum law and solution of practical problems in this field. |
| Course Content | This course contains; Legal Characteristics of Concordat and Comparison with Other Similar Institutions,Reasons for Application to Concordat, Application Procedure and Documents to be Attached to the Application,Temporary Terms,Definitive Terms , Duties of the Concordat Commissioner,Approval of Concordat,Concordat Approval Proceedings,Legal Status of Pledged Creditors in Concordat,Consequences of Concordat for Creditors,Consequences of Concordat for the Debtor,Consequences of the Decision on Acceptance and Rejection of Concordat,Termination of Concordat,Concordat After Bankruptcy,Concordat by way of Abandonment of Assets. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| Explains the basic concepts of concordat. | 10, 14, 16, 19, 9 | A, E |
| Lists the problems arising in the concordat application process. | 10, 14, 16, 9 | A, E |
| Investigates the current judicial decisions on concordat. | 10, 14, 16, 19, 9 | A |
| Interprets the current law amendments regarding concordat. | 10, 14, 16, 19, 9 | A, E |
| Examines controversial issues related to concordat. | 10, 14, 16, 19, 9 | A, E |
| 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, E: Homework |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Legal Characteristics of Concordat and Comparison with Other Similar Institutions | The student reads the "Legal Characteristics of Concordat and Comparison with Other Similar Institutions" section in the references books. |
| 2 | Reasons for Application to Concordat, Application Procedure and Documents to be Attached to the Application | The student reads the "Reasons for Application to Concordat, Application Procedure and Documents to be Attached to the Application" section in the references books. |
| 3 | Temporary Terms | The student reads the "Temporary Period" section in the references books. |
| 4 | Definitive Terms | The student reads the "Definitive Terms " section in the references books. |
| 5 | Duties of the Concordat Commissioner | The student reads the " Duties of the Concordat Commissioner" section in the references books. |
| 6 | Approval of Concordat | The student reads the "Approval of Concordat" section in the references books. |
| 7 | Concordat Approval Proceedings | The student reads the "Concordat Approval Proceedings" section in the references books. |
| 8 | Legal Status of Pledged Creditors in Concordat | The student reads the "Legal Status of Pledged Creditors in Concordat" section in the references books. |
| 9 | Consequences of Concordat for Creditors | The student reads the "Consequences of Concordat for Creditors" section in the references books. |
| 10 | Consequences of Concordat for the Debtor | The student reads the "Consequences of Concordat for the Debtor" section in the references books. |
| 11 | Consequences of the Decision on Acceptance and Rejection of Concordat | The student reads the "Consequences of the Decision on Acceptance and Rejection of Concordat" section in the references books. |
| 12 | Termination of Concordat | The student reads the "Termination of Concordat" section in the references books. |
| 13 | Concordat After Bankruptcy | The student reads the "Concordat After Bankruptcy" section in the references books. |
| 14 | Concordat by way of Abandonment of Assets | The student reads the "Concordat by way of Abandonment of Assets" section in the references books. |
| Resources |
| Baki Kuru, İcra ve İflas Hukuku El Kitabı, 2. Baskı, İstanbul 2013. Baki Kuru, İcra ve İflas Hukuku, C. IV, İstanbul 1997. İlhan Postacıoğlu, Konkordato, İstanbul 1965. Süha Tanrıver, Konkordato Komiseri, Ankara 1993. Süha Tanrıver/Adnan Deynekli, Konkordatonun Tasdiki, Ankara 1996. Sümer Altay/Ali Eskiocak, Konkordato ve Yeniden Yapılanma Hukuku, İstanbul 2018, Serdar Kale, Sorularla Konkordato (İflas Dışı ve İflas İçi Adi Konkordato) 2017, Öztek, Selçuk/ Budak, Ali Cem/ Tunç Yücel, Müjgan/ Kale, Serdar/ Yeşilova, Bilgehan, Yeni Konkordato Hukuku (Current Edition), Sarısözen, M. Serhat, Konkordato (Current Edition), Pekcanıtez, Hakan/ Dönmez, Güray, 7101 Sayılı Kanun Çerçevesinde Konkordato (Current Edition). |
| Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, (Current Edition), Pekcanıtez, Hakan/ Atalay, Oğuz/ Sungurtekin Özkan, Meral/ Özekes, Muhammet, İcra ve İflas Hukuku Ders Kitabı (Curret Edition), Atalı, Murat/ Ermenek, İbrahim/ Erdoğan, Ersin, İcra ve İflas Hukuku, Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004,Üstündağ, Saim, İflas Hukuku, İstanbul 2009. |
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 | |