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Course Detail

Course Description

CourseCodeSemesterT+P (Hour)CreditECTS
LAW of OBLIGATIONS-Yearly8+0812
Course Program
Prerequisites Courses
Recommended Elective Courses
Language of CourseTurkish
Course LevelFirst Cycle (Bachelor's Degree)
Course TypeRequired
Course CoordinatorProf.Dr. Cevdet YAVUZ
Name of Lecturer(s)Prof.Dr. Cevdet YAVUZ, Prof.Dr. Harun DEMİRBAŞ
Assistant(s)Ar. Gör. Ayşe Melek Başyiğit, Ar. Gör. Davut Armağan, Öğr. Gör. Kaan Karaman, Ar. Gör. Sinem Taştekin, Ar. Gör. Furkan Yılmaz
AimTo evaluate provisions on, especially on the ground of Turkish Obligation Law, obligatio, contract, tort, unjust enrichment, execution of obligation, the consequences of non-execution of obligation, changes in the sides of the contract, the impact of obligatio to third persons, the termination and special conditions of obligatio.
Course ContentThis course contains; The definition, the system, content, basic principles and sources of law of obligations; obligation and obligatio.,Claim and its legal meaning, right to defy, imperfect obligation, creative rights, credit and claim, obligation and liability.,Performance, types of performances, partial obligation and obligation in kind, selective obligation, obligations emerging from legal transaction, manifestation of will and types of it.,The importance of trust theory in interpretation of manifestation of will, the principles and development of trust theory, the difference of legal transactions from other legal actions, the types of transactions, the terms of cause and acquisition, abstract obligation.,Obligations emerging from contract, types of contracts, contract building, the harmony and mutuality of manifestation of wills, demand as one of the founding manifestation of wills of the contract.,Will for acceptance, the time of the establishment and entrance into force of a contract, forms of contracts, freedom to make contract.,The general transaction conditions, pre-contract, sanctions (nullity, absolute and relative nullity) simulated transaction, locandi causa, mental reservation.,The provisions and consequences of simulated transactions. Its differences from transaction based on trust (fiducia), pseudonym and fraud against law. Defective intension (lapse, deception and threat),The provisions and consequences of defective intension. Catching bargain; procuration in contract, its types and provisions.,Obligations emerging unilateral transactions. Promise for reward. Interpretation, completion and adjustment of contract. Obligations emerging directly from law (liability law).,Historical development and aim of the liability law. Faulty liability, the elements of tort: Action, causation and damage.,The multiple causes of tort (competing cause, common cause, selective cause). The break of causation, fault and its types, contradiction to law and elements of it.,Circumstances of contradiction to law. Strict liability, liability of employer. Grounds for compliance for laws.,Liability of house president, construct owner and motor vehicle operator. Liability from danger.,The special conditions of motor vehicle operator, calculation of material and personal damages, balancing (deduction),Calculation of damages resulting from killing persons (loosing support), calculation and assignment of material damage, immaterial damage (together with liability from immaterial damage of media institutions)., Joint liability, the relation between civil law and criminal law, time limits for torts, obligations emerging from unjust enrichment.,The conditions of unjust enrichment, the scope of refunding of unjustly enriched person, plea of unjust enrichment and its time limit, execution of obligation, execution of obligations related to money and interest.,Execution in contracts covering mutual obligations, proving execution, default of creditor, the consequences of execution of obligation.,The violation and consequences of obligatio emerging from contracts, the liability of debtor from the acts of assisting person.,Agrements of non-liability, default of debtor.,Culpa in contrahendo, The effects of obligations on third persons (contract for the benefit of third person, taking the responsibilty of the actions of third persons).,The special circumstances in obligatio.,Joint debtors, joint creditors.,The change in the sides of obligatio: Transfer of claim, assignment of liability.,Participation to obligation, participation to contract, transfer of contract.,The reasons terminating obligatio (obligation at large) and obligation (obligation in narrow meaning) I: Mutual rescission, termination, withdrawal, abolishment, renewal, quittance, barter. Confusion of rights.,The reasons terminating obligation II: Time limit, impossibility of execution..
Dersin Öğrenme KazanımlarıTeaching MethodsAssessment Methods
At the end of this course the student;
1. will be able to discuss, under the framework of general provisions of the Law of Obligations, the institutions of Law of Obligations and their functions.16, 9A
1.1. Explain the provisions on setting of contract, types of contracts, the form of legal transaction (contract in the narrow meaning), tort, unjust enrichment and negotiorum gestio as sources of obligatio.13, 16, 9A
1.2. Summarize elements, provisions and results of liability ex delicto.13, 16, 9A
1.3. Defines strict liability, its provisions and legal consequences.13, 16, 9A
2. Interpret general provisions of law of obligations according to law.13, 16, 9A
2.1. Interpret the provisions on obligatio in the light of theory and practice of law.13, 16, 9A
2.2. Identify differences in the provisions on the sources of obligatio by comparing the regulations accepted by new Law of Obligations (Law no 6098) and regulations of the old law repealed on 1st of July, 2012 (Law no 818) .13, 16, 9A
2.3. Interpret the provisions on the sources of obligatio.13, 16, 9A
3. will be able to evaluate the provisions on the sources of obligatio.13, 16, 9A
3.1. Evaluate the provisions on the sources of obligatio, especially in applying them to concrete legal problems in daily life.13, 16, 9A
3.2. Evaluate the provisions on the sources of obligatio from a critical perspective based on the opinions in legal literature and court cases.13, 16, 9A
3.3. Evaluate the provisions on the sources of obligatio taking into account de lege lata by getting the contributions of de lege ferenda.13, 16, 9A
Teaching Methods:13: Case Study Method, 16: Question - Answer Technique, 9: Lecture Method
Assessment Methods:A: Traditional Written Exam

Course Outline

OrderSubjectsPreliminary Work
1The definition, the system, content, basic principles and sources of law of obligations; obligation and obligatio.
2Claim and its legal meaning, right to defy, imperfect obligation, creative rights, credit and claim, obligation and liability.
3Performance, types of performances, partial obligation and obligation in kind, selective obligation, obligations emerging from legal transaction, manifestation of will and types of it.
4The importance of trust theory in interpretation of manifestation of will, the principles and development of trust theory, the difference of legal transactions from other legal actions, the types of transactions, the terms of cause and acquisition, abstract obligation.
5Obligations emerging from contract, types of contracts, contract building, the harmony and mutuality of manifestation of wills, demand as one of the founding manifestation of wills of the contract.
6Will for acceptance, the time of the establishment and entrance into force of a contract, forms of contracts, freedom to make contract.
7The general transaction conditions, pre-contract, sanctions (nullity, absolute and relative nullity) simulated transaction, locandi causa, mental reservation.
8The provisions and consequences of simulated transactions. Its differences from transaction based on trust (fiducia), pseudonym and fraud against law. Defective intension (lapse, deception and threat)
9The provisions and consequences of defective intension. Catching bargain; procuration in contract, its types and provisions.
10Obligations emerging unilateral transactions. Promise for reward. Interpretation, completion and adjustment of contract. Obligations emerging directly from law (liability law).
11Historical development and aim of the liability law. Faulty liability, the elements of tort: Action, causation and damage.
12The multiple causes of tort (competing cause, common cause, selective cause). The break of causation, fault and its types, contradiction to law and elements of it.
13Circumstances of contradiction to law. Strict liability, liability of employer. Grounds for compliance for laws.
14Liability of house president, construct owner and motor vehicle operator. Liability from danger.
15The special conditions of motor vehicle operator, calculation of material and personal damages, balancing (deduction)
16Calculation of damages resulting from killing persons (loosing support), calculation and assignment of material damage, immaterial damage (together with liability from immaterial damage of media institutions).
17 Joint liability, the relation between civil law and criminal law, time limits for torts, obligations emerging from unjust enrichment.
18The conditions of unjust enrichment, the scope of refunding of unjustly enriched person, plea of unjust enrichment and its time limit, execution of obligation, execution of obligations related to money and interest.
19Execution in contracts covering mutual obligations, proving execution, default of creditor, the consequences of execution of obligation.
20The violation and consequences of obligatio emerging from contracts, the liability of debtor from the acts of assisting person.
21Agrements of non-liability, default of debtor.
22Culpa in contrahendo, The effects of obligations on third persons (contract for the benefit of third person, taking the responsibilty of the actions of third persons).
23The special circumstances in obligatio.
24Joint debtors, joint creditors.
25The change in the sides of obligatio: Transfer of claim, assignment of liability.
26Participation to obligation, participation to contract, transfer of contract.
27The reasons terminating obligatio (obligation at large) and obligation (obligation in narrow meaning) I: Mutual rescission, termination, withdrawal, abolishment, renewal, quittance, barter. Confusion of rights.
28The reasons terminating obligation II: Time limit, impossibility of execution.
Resources
There are various textbooks on law of obligations. Therefore no additional material will be suggested.
1. EREN, Fikret: Borçlar Hukuku, Genel Hükümler, 20. Baskı, Ankara 2016. 2. OĞUZMAN, Kemal / ÖZ, Turgut: Borçlar Hukuku, Genel Hükümler, C. I - II, 14.-12. Bası, İstanbul 2016. 3. KILIÇOĞLU, Ahmet: Turgut: Borçlar Hukuku, Genel Hükümler, 20. Bası, Ankara 2016.

Course Contribution to Program Qualifications

Course Contribution to Program Qualifications
NoProgram QualificationContribution Level
12345
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 LevelRelative Evaluation
Rate of Midterm Exam to Success 40
Rate of Final Exam to Success 60
Total 100
ECTS / Workload Table
ActivitiesNumber ofDuration(Hour)Total Workload(Hour)
Course Hours284112
Guided Problem Solving28384
Resolution of Homework Problems and Submission as a Report000
Term Project000
Presentation of Project / Seminar000
Quiz28128
Midterm Exam24488
General Exam14343
Performance Task, Maintenance Plan000
Total Workload(Hour)355
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(355/30)12
ECTS of the course: 30 hours of work is counted as 1 ECTS credit.

Detail Informations of the Course

Course Description

CourseCodeSemesterT+P (Hour)CreditECTS
LAW of OBLIGATIONS-Yearly8+0812
Course Program
Prerequisites Courses
Recommended Elective Courses
Language of CourseTurkish
Course LevelFirst Cycle (Bachelor's Degree)
Course TypeRequired
Course CoordinatorProf.Dr. Cevdet YAVUZ
Name of Lecturer(s)Prof.Dr. Cevdet YAVUZ, Prof.Dr. Harun DEMİRBAŞ
Assistant(s)Ar. Gör. Ayşe Melek Başyiğit, Ar. Gör. Davut Armağan, Öğr. Gör. Kaan Karaman, Ar. Gör. Sinem Taştekin, Ar. Gör. Furkan Yılmaz
AimTo evaluate provisions on, especially on the ground of Turkish Obligation Law, obligatio, contract, tort, unjust enrichment, execution of obligation, the consequences of non-execution of obligation, changes in the sides of the contract, the impact of obligatio to third persons, the termination and special conditions of obligatio.
Course ContentThis course contains; The definition, the system, content, basic principles and sources of law of obligations; obligation and obligatio.,Claim and its legal meaning, right to defy, imperfect obligation, creative rights, credit and claim, obligation and liability.,Performance, types of performances, partial obligation and obligation in kind, selective obligation, obligations emerging from legal transaction, manifestation of will and types of it.,The importance of trust theory in interpretation of manifestation of will, the principles and development of trust theory, the difference of legal transactions from other legal actions, the types of transactions, the terms of cause and acquisition, abstract obligation.,Obligations emerging from contract, types of contracts, contract building, the harmony and mutuality of manifestation of wills, demand as one of the founding manifestation of wills of the contract.,Will for acceptance, the time of the establishment and entrance into force of a contract, forms of contracts, freedom to make contract.,The general transaction conditions, pre-contract, sanctions (nullity, absolute and relative nullity) simulated transaction, locandi causa, mental reservation.,The provisions and consequences of simulated transactions. Its differences from transaction based on trust (fiducia), pseudonym and fraud against law. Defective intension (lapse, deception and threat),The provisions and consequences of defective intension. Catching bargain; procuration in contract, its types and provisions.,Obligations emerging unilateral transactions. Promise for reward. Interpretation, completion and adjustment of contract. Obligations emerging directly from law (liability law).,Historical development and aim of the liability law. Faulty liability, the elements of tort: Action, causation and damage.,The multiple causes of tort (competing cause, common cause, selective cause). The break of causation, fault and its types, contradiction to law and elements of it.,Circumstances of contradiction to law. Strict liability, liability of employer. Grounds for compliance for laws.,Liability of house president, construct owner and motor vehicle operator. Liability from danger.,The special conditions of motor vehicle operator, calculation of material and personal damages, balancing (deduction),Calculation of damages resulting from killing persons (loosing support), calculation and assignment of material damage, immaterial damage (together with liability from immaterial damage of media institutions)., Joint liability, the relation between civil law and criminal law, time limits for torts, obligations emerging from unjust enrichment.,The conditions of unjust enrichment, the scope of refunding of unjustly enriched person, plea of unjust enrichment and its time limit, execution of obligation, execution of obligations related to money and interest.,Execution in contracts covering mutual obligations, proving execution, default of creditor, the consequences of execution of obligation.,The violation and consequences of obligatio emerging from contracts, the liability of debtor from the acts of assisting person.,Agrements of non-liability, default of debtor.,Culpa in contrahendo, The effects of obligations on third persons (contract for the benefit of third person, taking the responsibilty of the actions of third persons).,The special circumstances in obligatio.,Joint debtors, joint creditors.,The change in the sides of obligatio: Transfer of claim, assignment of liability.,Participation to obligation, participation to contract, transfer of contract.,The reasons terminating obligatio (obligation at large) and obligation (obligation in narrow meaning) I: Mutual rescission, termination, withdrawal, abolishment, renewal, quittance, barter. Confusion of rights.,The reasons terminating obligation II: Time limit, impossibility of execution..
Dersin Öğrenme KazanımlarıTeaching MethodsAssessment Methods
At the end of this course the student;
1. will be able to discuss, under the framework of general provisions of the Law of Obligations, the institutions of Law of Obligations and their functions.16, 9A
1.1. Explain the provisions on setting of contract, types of contracts, the form of legal transaction (contract in the narrow meaning), tort, unjust enrichment and negotiorum gestio as sources of obligatio.13, 16, 9A
1.2. Summarize elements, provisions and results of liability ex delicto.13, 16, 9A
1.3. Defines strict liability, its provisions and legal consequences.13, 16, 9A
2. Interpret general provisions of law of obligations according to law.13, 16, 9A
2.1. Interpret the provisions on obligatio in the light of theory and practice of law.13, 16, 9A
2.2. Identify differences in the provisions on the sources of obligatio by comparing the regulations accepted by new Law of Obligations (Law no 6098) and regulations of the old law repealed on 1st of July, 2012 (Law no 818) .13, 16, 9A
2.3. Interpret the provisions on the sources of obligatio.13, 16, 9A
3. will be able to evaluate the provisions on the sources of obligatio.13, 16, 9A
3.1. Evaluate the provisions on the sources of obligatio, especially in applying them to concrete legal problems in daily life.13, 16, 9A
3.2. Evaluate the provisions on the sources of obligatio from a critical perspective based on the opinions in legal literature and court cases.13, 16, 9A
3.3. Evaluate the provisions on the sources of obligatio taking into account de lege lata by getting the contributions of de lege ferenda.13, 16, 9A
Teaching Methods:13: Case Study Method, 16: Question - Answer Technique, 9: Lecture Method
Assessment Methods:A: Traditional Written Exam

Course Outline

OrderSubjectsPreliminary Work
1The definition, the system, content, basic principles and sources of law of obligations; obligation and obligatio.
2Claim and its legal meaning, right to defy, imperfect obligation, creative rights, credit and claim, obligation and liability.
3Performance, types of performances, partial obligation and obligation in kind, selective obligation, obligations emerging from legal transaction, manifestation of will and types of it.
4The importance of trust theory in interpretation of manifestation of will, the principles and development of trust theory, the difference of legal transactions from other legal actions, the types of transactions, the terms of cause and acquisition, abstract obligation.
5Obligations emerging from contract, types of contracts, contract building, the harmony and mutuality of manifestation of wills, demand as one of the founding manifestation of wills of the contract.
6Will for acceptance, the time of the establishment and entrance into force of a contract, forms of contracts, freedom to make contract.
7The general transaction conditions, pre-contract, sanctions (nullity, absolute and relative nullity) simulated transaction, locandi causa, mental reservation.
8The provisions and consequences of simulated transactions. Its differences from transaction based on trust (fiducia), pseudonym and fraud against law. Defective intension (lapse, deception and threat)
9The provisions and consequences of defective intension. Catching bargain; procuration in contract, its types and provisions.
10Obligations emerging unilateral transactions. Promise for reward. Interpretation, completion and adjustment of contract. Obligations emerging directly from law (liability law).
11Historical development and aim of the liability law. Faulty liability, the elements of tort: Action, causation and damage.
12The multiple causes of tort (competing cause, common cause, selective cause). The break of causation, fault and its types, contradiction to law and elements of it.
13Circumstances of contradiction to law. Strict liability, liability of employer. Grounds for compliance for laws.
14Liability of house president, construct owner and motor vehicle operator. Liability from danger.
15The special conditions of motor vehicle operator, calculation of material and personal damages, balancing (deduction)
16Calculation of damages resulting from killing persons (loosing support), calculation and assignment of material damage, immaterial damage (together with liability from immaterial damage of media institutions).
17 Joint liability, the relation between civil law and criminal law, time limits for torts, obligations emerging from unjust enrichment.
18The conditions of unjust enrichment, the scope of refunding of unjustly enriched person, plea of unjust enrichment and its time limit, execution of obligation, execution of obligations related to money and interest.
19Execution in contracts covering mutual obligations, proving execution, default of creditor, the consequences of execution of obligation.
20The violation and consequences of obligatio emerging from contracts, the liability of debtor from the acts of assisting person.
21Agrements of non-liability, default of debtor.
22Culpa in contrahendo, The effects of obligations on third persons (contract for the benefit of third person, taking the responsibilty of the actions of third persons).
23The special circumstances in obligatio.
24Joint debtors, joint creditors.
25The change in the sides of obligatio: Transfer of claim, assignment of liability.
26Participation to obligation, participation to contract, transfer of contract.
27The reasons terminating obligatio (obligation at large) and obligation (obligation in narrow meaning) I: Mutual rescission, termination, withdrawal, abolishment, renewal, quittance, barter. Confusion of rights.
28The reasons terminating obligation II: Time limit, impossibility of execution.
Resources
There are various textbooks on law of obligations. Therefore no additional material will be suggested.
1. EREN, Fikret: Borçlar Hukuku, Genel Hükümler, 20. Baskı, Ankara 2016. 2. OĞUZMAN, Kemal / ÖZ, Turgut: Borçlar Hukuku, Genel Hükümler, C. I - II, 14.-12. Bası, İstanbul 2016. 3. KILIÇOĞLU, Ahmet: Turgut: Borçlar Hukuku, Genel Hükümler, 20. Bası, Ankara 2016.

Course Contribution to Program Qualifications

Course Contribution to Program Qualifications
NoProgram QualificationContribution Level
12345
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 LevelRelative Evaluation
Rate of Midterm Exam to Success 40
Rate of Final Exam to Success 60
Total 100

Numerical Data

Student Success

Ekleme Tarihi: 05/10/2023 - 11:30Son Güncelleme Tarihi: 05/10/2023 - 11:31