Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| BANKRUPTCY and INSOLVENCY LAW | - | Yearly | 8+0 | 8 | 12 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE, Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | |
| Aim | General principles of law enforcement, the enforcement comprehend the functioning of the system, followed by a slight non-executive review and some form of a detailed theoretical and practical ways, transfer.The main purpose of the class is study and to analyse the general principles of bankruptcy law and the proceeding methods in total execution within the details according to theory and practice. |
| Course Content | This course contains; Subject of Bankruptcy, Types of Tracking Systems and Tracking,Follow-up for the Law Enforcement Agency and Debt,Legal Remedies (Complaint et al.),Login Procedure,Objection, objection and cancellation Removal Proceedings,Respect to Legal Protection of the debtor's property.,Confiscation Associates, General Principles of redemption,Turning to money, coins Distribution,Follow-up of commercial bills through Foreclosure,Discharge of the Executive through İ,Coverage of follow-up1 Bankruptcy Concept and Legal Status, Persons subject to bankruptcy, bankruptcy, International Relations.,Bankruptcy: Bankruptcy Opening ordinary follow-up,Follow Through Bankruptcy Based on Negotiable Instruments, State of direct bankruptcy,Bankruptcy, bankruptcy Abolition,Property, Bankruptcy Law: The Case of Legal Effect of bankruptcy of the Borrower,Effects of Bankruptcy Creditors Rights, Creditors satisfaction Rank,Formal Bankruptcy Law: bankruptcy, Organs, Formation of the table, the table Administration,Investigation and Determination of the rows of Creditors,,Tthe Second Creditors Collection,Bankruptcy liquidation, the coins Distribution,Evidence of insolvency bankruptcy,,Bankruptcy Closure,,Bankruptcy Liquidation of simple,Bankruptcy Crimes,Bankruptcy law. Inside and Out of Bankruptcy and Insolvency Concordat the assets abandoned by the Concordat,Capital Restructuring of companies through consensus,,Cancel Trial,General Rewiew. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| At the end of this course, students; | 13, 16, 19, 4, 9 | A, D |
| 1. Will be able to distinguish fields of application of special execution and execution of final court decisions. | 12, 13, 16, 19, 4, 9 | A, D |
| 1.1. Recognize the fundamental conception of attachment and realizing the goods | 12, 13, 16, 19, 4, 9 | A, D |
| 1.2. Apply order for payment. | 12, 13, 16, 19, 4, 9 | A, D |
| 1.3. Identify types of execution systems. | 12, 13, 16, 19, 4, 9 | A, D |
| 2. Will be able to evaluate aim and fundamentals of enforcement law. | 13, 14, 16, 19, 4, 9 | A, D |
| 2.1. Recognize the measure of amandment and reconstruction. | 12, 13, 16, 19, 4, 9 | A, D |
| 3. Will be able to evaluate the processes in liquidation of bankruptcy substantially. | 12, 13, 16, 19, 4, 9 | A, D |
| 3.1. Analyse reasons of bankruptcy. | 13, 14, 19, 4, 9 | A, D |
| 3.2. Explain legal theory (nature) of bankruptcy. | 12, 13, 16, 19, 4, 9 | A, D |
| 3.3. Define total enforcement. | 12, 13, 16, 19, 4, 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 |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Subject of Bankruptcy, Types of Tracking Systems and Tracking | |
| 2 | Follow-up for the Law Enforcement Agency and Debt | |
| 3 | Legal Remedies (Complaint et al.) | |
| 4 | Login Procedure | |
| 5 | Objection, objection and cancellation Removal Proceedings | |
| 6 | Respect to Legal Protection of the debtor's property. | |
| 7 | Confiscation Associates, General Principles of redemption | |
| 8 | Turning to money, coins Distribution | |
| 9 | Follow-up of commercial bills through Foreclosure | |
| 10 | Discharge of the Executive through İ | |
| 11 | Coverage of follow-up1 Bankruptcy Concept and Legal Status, Persons subject to bankruptcy, bankruptcy, International Relations. | |
| 12 | Bankruptcy: Bankruptcy Opening ordinary follow-up | |
| 13 | Follow Through Bankruptcy Based on Negotiable Instruments, State of direct bankruptcy | |
| 14 | Bankruptcy, bankruptcy Abolition | |
| 15 | Property, Bankruptcy Law: The Case of Legal Effect of bankruptcy of the Borrower | |
| 16 | Effects of Bankruptcy Creditors Rights, Creditors satisfaction Rank | |
| 17 | Formal Bankruptcy Law: bankruptcy, Organs, Formation of the table, the table Administration | |
| 18 | Investigation and Determination of the rows of Creditors, | |
| 19 | Tthe Second Creditors Collection | |
| 20 | Bankruptcy liquidation, the coins Distribution | |
| 21 | Evidence of insolvency bankruptcy, | |
| 22 | Bankruptcy Closure, | |
| 23 | Bankruptcy Liquidation of simple | |
| 24 | Bankruptcy Crimes | |
| 25 | Bankruptcy law. Inside and Out of Bankruptcy and Insolvency Concordat the assets abandoned by the Concordat | |
| 26 | Capital Restructuring of companies through consensus, | |
| 27 | Cancel Trial | |
| 28 | General Rewiew |
| Resources |
| No Textbook wil be provided. |
| Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, 27. Bası, Ankara 2013. Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004. İstündağ, 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 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | ||||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | ||||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | ||||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | ||||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | ||||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | ||||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | ||||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | ||||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | ||||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | ||||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | ||||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | ||||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | ||||||
| 19 | 19. Have a sense of professional and ethical responsibility. | ||||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | ||||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |
| ECTS / Workload Table | ||||||
| Activities | Number of | Duration(Hour) | Total Workload(Hour) | |||
| Course Hours | 28 | 4 | 112 | |||
| Guided Problem Solving | 14 | 5 | 70 | |||
| Resolution of Homework Problems and Submission as a Report | 14 | 2 | 28 | |||
| Term Project | 2 | 10 | 20 | |||
| Presentation of Project / Seminar | 2 | 4 | 8 | |||
| Quiz | 28 | 1 | 28 | |||
| Midterm Exam | 2 | 34 | 68 | |||
| General Exam | 1 | 33 | 33 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 367 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(367/30) | 12 | |||||
| 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 |
|---|---|---|---|---|---|
| BANKRUPTCY and INSOLVENCY LAW | - | Yearly | 8+0 | 8 | 12 |
| Course Program |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE, Prof.Dr. Müjgan TUNÇ YÜCEL |
| Assistant(s) | |
| Aim | General principles of law enforcement, the enforcement comprehend the functioning of the system, followed by a slight non-executive review and some form of a detailed theoretical and practical ways, transfer.The main purpose of the class is study and to analyse the general principles of bankruptcy law and the proceeding methods in total execution within the details according to theory and practice. |
| Course Content | This course contains; Subject of Bankruptcy, Types of Tracking Systems and Tracking,Follow-up for the Law Enforcement Agency and Debt,Legal Remedies (Complaint et al.),Login Procedure,Objection, objection and cancellation Removal Proceedings,Respect to Legal Protection of the debtor's property.,Confiscation Associates, General Principles of redemption,Turning to money, coins Distribution,Follow-up of commercial bills through Foreclosure,Discharge of the Executive through İ,Coverage of follow-up1 Bankruptcy Concept and Legal Status, Persons subject to bankruptcy, bankruptcy, International Relations.,Bankruptcy: Bankruptcy Opening ordinary follow-up,Follow Through Bankruptcy Based on Negotiable Instruments, State of direct bankruptcy,Bankruptcy, bankruptcy Abolition,Property, Bankruptcy Law: The Case of Legal Effect of bankruptcy of the Borrower,Effects of Bankruptcy Creditors Rights, Creditors satisfaction Rank,Formal Bankruptcy Law: bankruptcy, Organs, Formation of the table, the table Administration,Investigation and Determination of the rows of Creditors,,Tthe Second Creditors Collection,Bankruptcy liquidation, the coins Distribution,Evidence of insolvency bankruptcy,,Bankruptcy Closure,,Bankruptcy Liquidation of simple,Bankruptcy Crimes,Bankruptcy law. Inside and Out of Bankruptcy and Insolvency Concordat the assets abandoned by the Concordat,Capital Restructuring of companies through consensus,,Cancel Trial,General Rewiew. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| At the end of this course, students; | 13, 16, 19, 4, 9 | A, D |
| 1. Will be able to distinguish fields of application of special execution and execution of final court decisions. | 12, 13, 16, 19, 4, 9 | A, D |
| 1.1. Recognize the fundamental conception of attachment and realizing the goods | 12, 13, 16, 19, 4, 9 | A, D |
| 1.2. Apply order for payment. | 12, 13, 16, 19, 4, 9 | A, D |
| 1.3. Identify types of execution systems. | 12, 13, 16, 19, 4, 9 | A, D |
| 2. Will be able to evaluate aim and fundamentals of enforcement law. | 13, 14, 16, 19, 4, 9 | A, D |
| 2.1. Recognize the measure of amandment and reconstruction. | 12, 13, 16, 19, 4, 9 | A, D |
| 3. Will be able to evaluate the processes in liquidation of bankruptcy substantially. | 12, 13, 16, 19, 4, 9 | A, D |
| 3.1. Analyse reasons of bankruptcy. | 13, 14, 19, 4, 9 | A, D |
| 3.2. Explain legal theory (nature) of bankruptcy. | 12, 13, 16, 19, 4, 9 | A, D |
| 3.3. Define total enforcement. | 12, 13, 16, 19, 4, 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 |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Subject of Bankruptcy, Types of Tracking Systems and Tracking | |
| 2 | Follow-up for the Law Enforcement Agency and Debt | |
| 3 | Legal Remedies (Complaint et al.) | |
| 4 | Login Procedure | |
| 5 | Objection, objection and cancellation Removal Proceedings | |
| 6 | Respect to Legal Protection of the debtor's property. | |
| 7 | Confiscation Associates, General Principles of redemption | |
| 8 | Turning to money, coins Distribution | |
| 9 | Follow-up of commercial bills through Foreclosure | |
| 10 | Discharge of the Executive through İ | |
| 11 | Coverage of follow-up1 Bankruptcy Concept and Legal Status, Persons subject to bankruptcy, bankruptcy, International Relations. | |
| 12 | Bankruptcy: Bankruptcy Opening ordinary follow-up | |
| 13 | Follow Through Bankruptcy Based on Negotiable Instruments, State of direct bankruptcy | |
| 14 | Bankruptcy, bankruptcy Abolition | |
| 15 | Property, Bankruptcy Law: The Case of Legal Effect of bankruptcy of the Borrower | |
| 16 | Effects of Bankruptcy Creditors Rights, Creditors satisfaction Rank | |
| 17 | Formal Bankruptcy Law: bankruptcy, Organs, Formation of the table, the table Administration | |
| 18 | Investigation and Determination of the rows of Creditors, | |
| 19 | Tthe Second Creditors Collection | |
| 20 | Bankruptcy liquidation, the coins Distribution | |
| 21 | Evidence of insolvency bankruptcy, | |
| 22 | Bankruptcy Closure, | |
| 23 | Bankruptcy Liquidation of simple | |
| 24 | Bankruptcy Crimes | |
| 25 | Bankruptcy law. Inside and Out of Bankruptcy and Insolvency Concordat the assets abandoned by the Concordat | |
| 26 | Capital Restructuring of companies through consensus, | |
| 27 | Cancel Trial | |
| 28 | General Rewiew |
| Resources |
| No Textbook wil be provided. |
| Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, 27. Bası, Ankara 2013. Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004. İstündağ, 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 | 1. Know legal concepts and institutions; list the relations between these concepts and institutions. | ||||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | ||||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | ||||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | ||||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | ||||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | ||||||
| 7 | 7. Have the ability to find solutions to legal disputes; take initiative; behave independently and creatively. | ||||||
| 8 | 8. Resort to assistance of different fields of expertise in dealing with the unpredictable problems encountered in legal practice and take responsibility in team works. | ||||||
| 9 | 9. Undertake planning and management of activities for professional progress of employees working under their authority and responsibility. | ||||||
| 10 | 10. Follow and evaluate the developments in theory and practice of law. | ||||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | ||||||
| 12 | 12. Have the awareness of the need for life-long learning (continuous education). | ||||||
| 13 | 13. Inform individuals and institutions on legal subjects; present oral and written proposals with reasoning. | ||||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 17 | 17. Have the basic knowledge of the structure of international society and forms of relations; and evaluates international problems. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | ||||||
| 19 | 19. Have a sense of professional and ethical responsibility. | ||||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | ||||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |