Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| TEMPORARY LEGAL PROTECTION MEASURES in CIVIL PROCEDURE LAW | ÖHKD1114703 | 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) | Research Assistant M. Ceren Erdem - Research Assistant E. Hande Boztosun Bozkurt |
| Aim | It is aimed to learn the legal nature and types of temporary legal p measures and to evaluate the current jurisprudence and law amendments regarding temporary legal protection measures in this context. |
| Course Content | This course contains; The Concept of Temporary Legal Measures and Definition of Temporary Legal Measures,Functional Scope of Temporary Legal Measures,General Information on Injunctive Measures,Conditions of Injunctions,Types of Injunctions,Types of Precautionary Measures - Measures for Collateral Purpose,Types of Precautionary Measures - Measures for fulfilment purpose,Types of Precautionary Measures - Regulatory Measures,Evidence Detection,Ancillary Attachment,Temporary Legal Protections Regarding Family Law,Temporary Legal Protections Regarding Execution and Bankruptcy Law,Temporary Legal Protections in Other Laws,Temporary Legal Protections in the Light of Judgments. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| List the differences between temporary legal measures. | 16, 19, 9 | A, E |
| Categorises the legal characteristics of temporary legal measures. | 10, 16, 19, 9 | A, E |
| Researches current judicial decisions on temporary legal measures. | 10, 14, 16 | A, E |
| Interpret the current law revisions regarding temporary legal protection measures. | 10, 14, 16, 9 | A, E |
| Examines controversial issues related to temporary legal measures. | 10, 14, 16, 19 | 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 | The Concept of Temporary Legal Measures and Definition of Temporary Legal Measures | The student reads the "The Concept of Temporary Legal Measures and Definition of Temporary Legal Measures" section in the references books. |
| 2 | Functional Scope of Temporary Legal Measures | The student reads the "Functional Scope of Temporary Legal Measures" section in the references books. |
| 3 | General Information on Injunctive Measures | The student reads the "General Information on Injunctive Measures" section in the references books. |
| 4 | Conditions of Injunctions | The student reads the "Conditions of Injunctions" section in the references books. |
| 5 | Types of Injunctions | The student reads the "Types of Injunctions" section in the references books. |
| 6 | Types of Precautionary Measures - Measures for Collateral Purpose | The student reads the "Types of Precautionary Measures - Measures for Collateral Purpose" section in the references books. |
| 7 | Types of Precautionary Measures - Measures for fulfilment purpose | The student reads the "Types of Precautionary Measures - Measures for fulfilment purpose" section in the references books. |
| 8 | Types of Precautionary Measures - Regulatory Measures | The student reads the "Types of Precautionary Measures - Regulatory Measures" section in the references books. |
| 9 | Evidence Detection | The student reads the "Evidence Detection" section in the references books. |
| 10 | Ancillary Attachment | The student reads the "Ancillary Attachment" section in the references books. |
| 11 | Temporary Legal Protections Regarding Family Law | The student reads the "Temporary Legal Protections Regarding Family Law" section in the references books. |
| 12 | Temporary Legal Protections Regarding Execution and Bankruptcy Law | The student reads the "Temporary Legal Protections Regarding Execution and Bankruptcy Law" section in the references books. |
| 13 | Temporary Legal Protections in Other Laws | The student reads the "Temporary Legal Protections in Other Laws" section in the references books. |
| 14 | Temporary Legal Protections in the Light of Judgments | The student reads the "Temporary Legal Protections in the Light of Judgments" section in the references books. |
| Resources |
| Evrim Erişir, Geçici Hukuki Korumanın Temelleri ve İhtiyati Tedbir Türleri, 2013; Müjgan Tunç Yücel, HMK Uyarınca Tahkimde İhtiyati Tedbir ve Delil Tespiti, 2013; Pekcanıtez Usul, Medeni Usul Hukuku, C.1-2-3, 2017; Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, (Current Edition) Ali Cem Budak: Karşılaştırmalı Hukuk Muhakemeleri Kanunu, Current Edition) |
| Ejder Yılmaz/Ramazan Arslan/Sema Taşpınar Ayvaz/ Emel Hanağası, Medeni Usul Hukuku, 2022 (Güncel Baskı) Ali Cem Budak/Varol Karaaslan, Medeni Usul Hukuku, 2023(Güncel Baskı) Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, 28. Baskı, Ankara, 2014. Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi (Güncel Baskı) |
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 | 14 | 3 | 42 | |||
| Guided Problem Solving | 0 | 0 | 0 | |||
| Resolution of Homework Problems and Submission as a Report | 1 | 80 | 80 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 80 | 80 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 242 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(242/30) | 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 |
|---|---|---|---|---|---|
| TEMPORARY LEGAL PROTECTION MEASURES in CIVIL PROCEDURE LAW | ÖHKD1114703 | 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) | Research Assistant M. Ceren Erdem - Research Assistant E. Hande Boztosun Bozkurt |
| Aim | It is aimed to learn the legal nature and types of temporary legal p measures and to evaluate the current jurisprudence and law amendments regarding temporary legal protection measures in this context. |
| Course Content | This course contains; The Concept of Temporary Legal Measures and Definition of Temporary Legal Measures,Functional Scope of Temporary Legal Measures,General Information on Injunctive Measures,Conditions of Injunctions,Types of Injunctions,Types of Precautionary Measures - Measures for Collateral Purpose,Types of Precautionary Measures - Measures for fulfilment purpose,Types of Precautionary Measures - Regulatory Measures,Evidence Detection,Ancillary Attachment,Temporary Legal Protections Regarding Family Law,Temporary Legal Protections Regarding Execution and Bankruptcy Law,Temporary Legal Protections in Other Laws,Temporary Legal Protections in the Light of Judgments. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| List the differences between temporary legal measures. | 16, 19, 9 | A, E |
| Categorises the legal characteristics of temporary legal measures. | 10, 16, 19, 9 | A, E |
| Researches current judicial decisions on temporary legal measures. | 10, 14, 16 | A, E |
| Interpret the current law revisions regarding temporary legal protection measures. | 10, 14, 16, 9 | A, E |
| Examines controversial issues related to temporary legal measures. | 10, 14, 16, 19 | 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 | The Concept of Temporary Legal Measures and Definition of Temporary Legal Measures | The student reads the "The Concept of Temporary Legal Measures and Definition of Temporary Legal Measures" section in the references books. |
| 2 | Functional Scope of Temporary Legal Measures | The student reads the "Functional Scope of Temporary Legal Measures" section in the references books. |
| 3 | General Information on Injunctive Measures | The student reads the "General Information on Injunctive Measures" section in the references books. |
| 4 | Conditions of Injunctions | The student reads the "Conditions of Injunctions" section in the references books. |
| 5 | Types of Injunctions | The student reads the "Types of Injunctions" section in the references books. |
| 6 | Types of Precautionary Measures - Measures for Collateral Purpose | The student reads the "Types of Precautionary Measures - Measures for Collateral Purpose" section in the references books. |
| 7 | Types of Precautionary Measures - Measures for fulfilment purpose | The student reads the "Types of Precautionary Measures - Measures for fulfilment purpose" section in the references books. |
| 8 | Types of Precautionary Measures - Regulatory Measures | The student reads the "Types of Precautionary Measures - Regulatory Measures" section in the references books. |
| 9 | Evidence Detection | The student reads the "Evidence Detection" section in the references books. |
| 10 | Ancillary Attachment | The student reads the "Ancillary Attachment" section in the references books. |
| 11 | Temporary Legal Protections Regarding Family Law | The student reads the "Temporary Legal Protections Regarding Family Law" section in the references books. |
| 12 | Temporary Legal Protections Regarding Execution and Bankruptcy Law | The student reads the "Temporary Legal Protections Regarding Execution and Bankruptcy Law" section in the references books. |
| 13 | Temporary Legal Protections in Other Laws | The student reads the "Temporary Legal Protections in Other Laws" section in the references books. |
| 14 | Temporary Legal Protections in the Light of Judgments | The student reads the "Temporary Legal Protections in the Light of Judgments" section in the references books. |
| Resources |
| Evrim Erişir, Geçici Hukuki Korumanın Temelleri ve İhtiyati Tedbir Türleri, 2013; Müjgan Tunç Yücel, HMK Uyarınca Tahkimde İhtiyati Tedbir ve Delil Tespiti, 2013; Pekcanıtez Usul, Medeni Usul Hukuku, C.1-2-3, 2017; Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, (Current Edition) Ali Cem Budak: Karşılaştırmalı Hukuk Muhakemeleri Kanunu, Current Edition) |
| Ejder Yılmaz/Ramazan Arslan/Sema Taşpınar Ayvaz/ Emel Hanağası, Medeni Usul Hukuku, 2022 (Güncel Baskı) Ali Cem Budak/Varol Karaaslan, Medeni Usul Hukuku, 2023(Güncel Baskı) Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, 28. Baskı, Ankara, 2014. Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi (Güncel Baskı) |
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 | |