DETERMINATION of PECU. COMPEN. in the LIGHT of the DEC. of the COURT of CASSATION
ÖHKD1115059
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. Harun DEMİRBAŞ
Name of Lecturer(s)
Prof.Dr. Harun DEMİRBAŞ
Assistant(s)
Ar. Gör. Buğra Kaan Çakıroğlu
Aim
To have the theoretical knowledge about material compensation and to ensure that students have knowledge about the solution of practical problems in this field and to examine the decisions of the Court of Cassation regarding this problem.
Course Content
This course contains; Scope of liability for damages,Sources of compensation liability,Contractual indemnity liability,Responsibilities for compensation arising from tort,distinction between pecuniary compensation and non-pecuniary compensation,Decisions of the Court of Cassation on liability for compensation-I,Decisions of the Court of Cassation on liability for compensation - II,Decisions of the Court of Cassation on liability for compensation - III,Court of Cassation Decisions on Material Damages - I,Court of Cassation Decisions on Material Damages - II,Court of Cassation Decisions on Material Damages - III,Principles of determination of pecuniary damages-I,Principles of determination of pecuniary damages-II,Principles of determination of pecuniary damages-III.
Course Learning Outcomes
Teaching Methods
Assessment Methods
1. Expresses the definition and elements of material compensation.
10, 18, 9
A, E
1.1. Explains the concept of compensation.
10, 18, 9
A, E
1.2. Explains the Legal Nature of Compensation
10, 18, 9
A, E
2. The liability of the parties for compensation.
10, 18, 9
A, E
2.1. Explains the source of compensation liability.
10, 18, 9
A, E
2.2. Compares material and immaterial compensation.
10, 18, 9
A, E
3. It refers to the responsibility for compensation within the scope of the decisions of the Court of Cassation.
Responsibilities for compensation arising from tort
none
5
distinction between pecuniary compensation and non-pecuniary compensation
none
6
Decisions of the Court of Cassation on liability for compensation-I
none
7
Decisions of the Court of Cassation on liability for compensation - II
none
8
Decisions of the Court of Cassation on liability for compensation - III
none
9
Court of Cassation Decisions on Material Damages - I
none
10
Court of Cassation Decisions on Material Damages - II
none
11
Court of Cassation Decisions on Material Damages - III
none
12
Principles of determination of pecuniary damages-I
none
13
Principles of determination of pecuniary damages-II
none
14
Principles of determination of pecuniary damages-III
none
Resources
Prof. Dr. Haluk Nami Nomer - Borçlar Hukuku Genel Hükümler / Prof. Dr. Şahin Akıncı - Borçlar Hukuku Bilgisi
There are no other sources.
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.
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
6
6
36
Resolution of Homework Problems and Submission as a Report
14
3
42
Term Project
1
25
25
Presentation of Project / Seminar
25
1
25
Quiz
0
0
0
Midterm Exam
1
28
28
General Exam
1
43
43
Performance Task, Maintenance Plan
0
0
0
Total Workload(Hour)
241
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(241/30)
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
DETERMINATION of PECU. COMPEN. in the LIGHT of the DEC. of the COURT of CASSATION
ÖHKD1115059
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. Harun DEMİRBAŞ
Name of Lecturer(s)
Prof.Dr. Harun DEMİRBAŞ
Assistant(s)
Ar. Gör. Buğra Kaan Çakıroğlu
Aim
To have the theoretical knowledge about material compensation and to ensure that students have knowledge about the solution of practical problems in this field and to examine the decisions of the Court of Cassation regarding this problem.
Course Content
This course contains; Scope of liability for damages,Sources of compensation liability,Contractual indemnity liability,Responsibilities for compensation arising from tort,distinction between pecuniary compensation and non-pecuniary compensation,Decisions of the Court of Cassation on liability for compensation-I,Decisions of the Court of Cassation on liability for compensation - II,Decisions of the Court of Cassation on liability for compensation - III,Court of Cassation Decisions on Material Damages - I,Court of Cassation Decisions on Material Damages - II,Court of Cassation Decisions on Material Damages - III,Principles of determination of pecuniary damages-I,Principles of determination of pecuniary damages-II,Principles of determination of pecuniary damages-III.
Course Learning Outcomes
Teaching Methods
Assessment Methods
1. Expresses the definition and elements of material compensation.
10, 18, 9
A, E
1.1. Explains the concept of compensation.
10, 18, 9
A, E
1.2. Explains the Legal Nature of Compensation
10, 18, 9
A, E
2. The liability of the parties for compensation.
10, 18, 9
A, E
2.1. Explains the source of compensation liability.
10, 18, 9
A, E
2.2. Compares material and immaterial compensation.
10, 18, 9
A, E
3. It refers to the responsibility for compensation within the scope of the decisions of the Court of Cassation.
Responsibilities for compensation arising from tort
none
5
distinction between pecuniary compensation and non-pecuniary compensation
none
6
Decisions of the Court of Cassation on liability for compensation-I
none
7
Decisions of the Court of Cassation on liability for compensation - II
none
8
Decisions of the Court of Cassation on liability for compensation - III
none
9
Court of Cassation Decisions on Material Damages - I
none
10
Court of Cassation Decisions on Material Damages - II
none
11
Court of Cassation Decisions on Material Damages - III
none
12
Principles of determination of pecuniary damages-I
none
13
Principles of determination of pecuniary damages-II
none
14
Principles of determination of pecuniary damages-III
none
Resources
Prof. Dr. Haluk Nami Nomer - Borçlar Hukuku Genel Hükümler / Prof. Dr. Şahin Akıncı - Borçlar Hukuku Bilgisi
There are no other sources.
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.
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.
