Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CONSELLATION of POSESSION TRIAL | ÖHKD1174430 | Fall 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) | |
| Assistant(s) | |
| Aim | The aim of this study is to determine the problems arising in practice regarding the cancellation of disposals, which has an important place in the enforcement and bankruptcy law, and to determine and discuss the doctrinal opinions put forward regarding these problems. |
| Course Content | This course contains; 1. General Informations about Cancellation of Disposition,2. Legal Characteristics of the Cancellation of Disposition Case,3. Savings That May Be Subject to Action for Cancellation of Disposition,4. Gratuitous Disposition,5. DispositionMade in Insolvency,6. Disposals made with the intention to harm creditors ,7. Conditions of Action for Cancellation of Disposition,8. Comparison of Cancellation of Disposition and Collusion Cases,9. Proof in Action for Cancellation of Disposition,10. Proceedings in the Case of Cancellation of Disposition,11. Decisions Given as a Result of the Action for Cancellation of Disposition,12. Parties to the Action for Cancellation of Disposition,13. Jurisdiction in the Action for Cancellation of Disposition,14. Examination of the Constitutional Court Decisions Regarding the Cancellation of Disposals. |
| Course Learning Outcomes | Teaching Methods | Assessment Methods |
| Distinguishes the cancellation of disposition case from the collusion case. | 10, 14, 16, 19, 9 | A, E |
| Lists the conditions of the cancellation of disposition case. | 14, 16, 19, 9 | A, E |
| Investigates the current judicial decisions regarding the cancellation of disposition case. | 14, 16, 19, 9 | A, E |
| Interprets the current law amendments regarding the cancellation of disposition case. | 10, 16, 19, 9 | A, E |
| Examines the controversial issues related to the cancellation of disposition case. | 10, 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 | 1. General Informations about Cancellation of Disposition | The student reads the "General Informations about Cancellation of Disposition" section in the references books. |
| 2 | 2. Legal Characteristics of the Cancellation of Disposition Case | The student reads the "Legal Characteristics of the Cancellation of Disposition Case" section in the references books. |
| 3 | 3. Savings That May Be Subject to Action for Cancellation of Disposition | The student reads the "Savings That May Be Subject to Action for Cancellation of Disposition" section in the references books. |
| 4 | 4. Gratuitous Disposition | The student reads the "Gratuitous Disposition" section in the references books. |
| 5 | 5. DispositionMade in Insolvency | The student reads the "DispositionMade in Insolvency" section in the references books. |
| 6 | 6. Disposals made with the intention to harm creditors | The student reads the "Disposals made with the intention to harm creditors" section in the references books. |
| 7 | 7. Conditions of Action for Cancellation of Disposition | The student reads the "Conditions of Action for Cancellation of Disposition" section in the references books. |
| 8 | 8. Comparison of Cancellation of Disposition and Collusion Cases | The student reads the "Comparison of Cancellation of Disposition and Collusion Cases" section in the references books. |
| 9 | 9. Proof in Action for Cancellation of Disposition | The student reads the "Proof in Action for Cancellation of Disposition" section in the references books. |
| 10 | 10. Proceedings in the Case of Cancellation of Disposition | The student reads the "Proceedings in the Case of Cancellation of Disposition" section in the references books. |
| 11 | 11. Decisions Given as a Result of the Action for Cancellation of Disposition | The student reads the "Decisions Given as a Result of the Action for Cancellation of Disposition" section in the references books. |
| 12 | 12. Parties to the Action for Cancellation of Disposition | The student reads the "Parties to the Action for Cancellation of Disposition" section in the references books. |
| 13 | 13. Jurisdiction in the Action for Cancellation of Disposition | The student reads the " Jurisdiction in the Action for Cancellation of Disposition" section in the references books. |
| 14 | 14. Examination of the Constitutional Court Decisions Regarding the Cancellation of Disposals | The student reads the "Examination of the Constitutional Court Decisions Regarding the Cancellation of Disposals" section in the references books. |
| Resources |
| Erdönmez, Güray, Alacaklılara Zarar Verme Kastıyla Yapılan Tasarrufların İptali (Current Edition), Muşul, Timuçin. İcra ve İflâs Hukukunda Tasarrufun İptali Davaları, (Current Edition), Tuncer Kazancı, İdil. Tasarrufun İptali Davalarında İspat. Ankara: Yetkin, 2015, Uyar, Talih. Tasarrufun İptali Davaları (Current Edition), Yıldırım, M. Kâmil. İcra ve İflas Hukukunda İptal Davaları, İstanbul 1995. |
| Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, (Current Edition), Pekcanıtez, Hakan/ Atalay, Oğuz/ Sungurtekin Özkan, Meral/ Özekes, Muhammet, İcra ve İflas Hukuku Ders Kitabı (Current Edition), Atalı, Murat/ Ermenek, İbrahim/ Erdoğan, Ersin, İcra ve İflas Hukuku, Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004,Üstündağ, Saim, İflas Hukuku, İstanbul 2009, Kuru, Baki, İcra ve İflas Hukuku El Kitabı, 2. Bası, 2013, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi, İstanbul 1949. |
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 | 70 | 70 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 35 | 35 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 217 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(217/30) | 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 |
|---|---|---|---|---|---|
| CONSELLATION of POSESSION TRIAL | ÖHKD1174430 | Fall 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) | |
| Assistant(s) | |
| Aim | The aim of this study is to determine the problems arising in practice regarding the cancellation of disposals, which has an important place in the enforcement and bankruptcy law, and to determine and discuss the doctrinal opinions put forward regarding these problems. |
| Course Content | This course contains; 1. General Informations about Cancellation of Disposition,2. Legal Characteristics of the Cancellation of Disposition Case,3. Savings That May Be Subject to Action for Cancellation of Disposition,4. Gratuitous Disposition,5. DispositionMade in Insolvency,6. Disposals made with the intention to harm creditors ,7. Conditions of Action for Cancellation of Disposition,8. Comparison of Cancellation of Disposition and Collusion Cases,9. Proof in Action for Cancellation of Disposition,10. Proceedings in the Case of Cancellation of Disposition,11. Decisions Given as a Result of the Action for Cancellation of Disposition,12. Parties to the Action for Cancellation of Disposition,13. Jurisdiction in the Action for Cancellation of Disposition,14. Examination of the Constitutional Court Decisions Regarding the Cancellation of Disposals. |
| Course Learning Outcomes | Teaching Methods | Assessment Methods |
| Distinguishes the cancellation of disposition case from the collusion case. | 10, 14, 16, 19, 9 | A, E |
| Lists the conditions of the cancellation of disposition case. | 14, 16, 19, 9 | A, E |
| Investigates the current judicial decisions regarding the cancellation of disposition case. | 14, 16, 19, 9 | A, E |
| Interprets the current law amendments regarding the cancellation of disposition case. | 10, 16, 19, 9 | A, E |
| Examines the controversial issues related to the cancellation of disposition case. | 10, 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 | 1. General Informations about Cancellation of Disposition | The student reads the "General Informations about Cancellation of Disposition" section in the references books. |
| 2 | 2. Legal Characteristics of the Cancellation of Disposition Case | The student reads the "Legal Characteristics of the Cancellation of Disposition Case" section in the references books. |
| 3 | 3. Savings That May Be Subject to Action for Cancellation of Disposition | The student reads the "Savings That May Be Subject to Action for Cancellation of Disposition" section in the references books. |
| 4 | 4. Gratuitous Disposition | The student reads the "Gratuitous Disposition" section in the references books. |
| 5 | 5. DispositionMade in Insolvency | The student reads the "DispositionMade in Insolvency" section in the references books. |
| 6 | 6. Disposals made with the intention to harm creditors | The student reads the "Disposals made with the intention to harm creditors" section in the references books. |
| 7 | 7. Conditions of Action for Cancellation of Disposition | The student reads the "Conditions of Action for Cancellation of Disposition" section in the references books. |
| 8 | 8. Comparison of Cancellation of Disposition and Collusion Cases | The student reads the "Comparison of Cancellation of Disposition and Collusion Cases" section in the references books. |
| 9 | 9. Proof in Action for Cancellation of Disposition | The student reads the "Proof in Action for Cancellation of Disposition" section in the references books. |
| 10 | 10. Proceedings in the Case of Cancellation of Disposition | The student reads the "Proceedings in the Case of Cancellation of Disposition" section in the references books. |
| 11 | 11. Decisions Given as a Result of the Action for Cancellation of Disposition | The student reads the "Decisions Given as a Result of the Action for Cancellation of Disposition" section in the references books. |
| 12 | 12. Parties to the Action for Cancellation of Disposition | The student reads the "Parties to the Action for Cancellation of Disposition" section in the references books. |
| 13 | 13. Jurisdiction in the Action for Cancellation of Disposition | The student reads the " Jurisdiction in the Action for Cancellation of Disposition" section in the references books. |
| 14 | 14. Examination of the Constitutional Court Decisions Regarding the Cancellation of Disposals | The student reads the "Examination of the Constitutional Court Decisions Regarding the Cancellation of Disposals" section in the references books. |
| Resources |
| Erdönmez, Güray, Alacaklılara Zarar Verme Kastıyla Yapılan Tasarrufların İptali (Current Edition), Muşul, Timuçin. İcra ve İflâs Hukukunda Tasarrufun İptali Davaları, (Current Edition), Tuncer Kazancı, İdil. Tasarrufun İptali Davalarında İspat. Ankara: Yetkin, 2015, Uyar, Talih. Tasarrufun İptali Davaları (Current Edition), Yıldırım, M. Kâmil. İcra ve İflas Hukukunda İptal Davaları, İstanbul 1995. |
| Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, (Current Edition), Pekcanıtez, Hakan/ Atalay, Oğuz/ Sungurtekin Özkan, Meral/ Özekes, Muhammet, İcra ve İflas Hukuku Ders Kitabı (Current Edition), Atalı, Murat/ Ermenek, İbrahim/ Erdoğan, Ersin, İcra ve İflas Hukuku, Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004,Üstündağ, Saim, İflas Hukuku, İstanbul 2009, Kuru, Baki, İcra ve İflas Hukuku El Kitabı, 2. Bası, 2013, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi, İstanbul 1949. |
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 | |