Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNATIONAL PRIVATE LAW | - | Yearly | 6+0 | 6 | 10 |
| 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. Ayşe NUHOĞLU |
| Name of Lecturer(s) | Prof.Dr. Sibel ÖZEL |
| Assistant(s) | |
| Aim | To teach general general terminology and fundamental knowledge of private international law which is a fundamental field of international law |
| Course Content | This course contains; Introduction to Private International Law,Connecting factors,Renvoi in general,Incidental question,Private International Law and concept of public order 6.Week: Applicable law to formal validity,Applicable law to capacity,Applicable Law to prescription,Applicable law to matrimonial matters,Applicable law to succession,Applicable law to property rights,Applicable law to torts,Applicable law to contracts,Applicable law to unjust enrichment,Scope and Objective of Turkish Citizenship Law,Acquiring and losing (expatriation) Turkish Citizenship,Introduction to International Civil Procedure Law,Competence of Turkish Courts and Jurisdictional Immunity,International competence of the Turkish courts,Parallel Litigation (Lis alibi pendens),Choice of Forum Agreements,Choice of Forum Agreements,Recognition and Enforcement of Foreign Judgments,International Arbitration,The General Principles of the Law of Foreigners,Right to work by Foreigners in Turkey,Acquisition of immovable property by a real or legal person foreigner in Turkey,Freedom of Education of Foreigners,Inheritance rights of real and legal person foreigners in Turkey. |
| 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 apply such matters as Turkish nationality law. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 1.1. Interpret the cases related to acquisition of Turkish citizenship and expatriation. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 1.2. Explain sufficient knowledge about renvoi and incitental question. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 1.3. Interpret concept of public order in terms of Private International Law. | 10, 12, 13, 16, 3, 4, 6, 9 | A, D |
| 2. Will be able to distinguish the applicable law in such cases where foreign element exists. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 2.1. Interpret the scope and characteristics of provisions of conflict of laws. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 2.2. List the fundamental knowledge as are necessary for solving law practice problems with respect to conflict of laws and Turkish nationality law. | 10, 12, 13, 19, 4, 6, 9 | A, D |
| 2.3. Apply recognition and enforcement of foreign awards. | 13, 3, 4, 6, 9 | A, D |
| 3. Will be able to identify the competent court of jurisdiction in such cases where foreign element exists. | 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 3.1. Identify the status of foreigners living in Turkey. | 10, 12, 13, 19, 3, 4, 6, 9 | A, D |
| 3.2. Explain the scope and characteristics of international procedural law. | 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 3.3. List the fundamental knowledge as are necessary for solving law practice problems with respect to international procedural law and foreigners (aliens) law. | 10, 12, 13, 16, 3, 4, 6, 9 | A, D |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 3: Problem Baded Learning Model, 4: Inquiry-Based Learning, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to Private International Law | |
| 2 | Connecting factors | |
| 3 | Renvoi in general | |
| 4 | Incidental question | |
| 5 | Private International Law and concept of public order 6.Week: Applicable law to formal validity | |
| 6 | Applicable law to capacity | |
| 7 | Applicable Law to prescription | |
| 8 | Applicable law to matrimonial matters | |
| 9 | Applicable law to succession | |
| 10 | Applicable law to property rights | |
| 11 | Applicable law to torts | |
| 12 | Applicable law to contracts | |
| 13 | Applicable law to unjust enrichment | |
| 14 | Scope and Objective of Turkish Citizenship Law | |
| 15 | Acquiring and losing (expatriation) Turkish Citizenship | |
| 16 | Introduction to International Civil Procedure Law | |
| 17 | Competence of Turkish Courts and Jurisdictional Immunity | |
| 18 | International competence of the Turkish courts | |
| 19 | Parallel Litigation (Lis alibi pendens) | |
| 20 | Choice of Forum Agreements | |
| 21 | Choice of Forum Agreements | |
| 22 | Recognition and Enforcement of Foreign Judgments | |
| 23 | International Arbitration | |
| 24 | The General Principles of the Law of Foreigners | |
| 25 | Right to work by Foreigners in Turkey | |
| 26 | Acquisition of immovable property by a real or legal person foreigner in Turkey | |
| 27 | Freedom of Education of Foreigners | |
| 28 | Inheritance rights of real and legal person foreigners in Turkey |
| Resources |
| The main text prepared for in class discussions and additional material which will be distributed each week. |
| Ergin Nomer: Devletler Hususi Hukuku Aysel Çelikel/Bahadır Erdem: Milletlerarası Özel Hukuk Gülören Tekinalp/Ayfer Uyanık-Çavuşoğlu : Milletlerarası Özel Hukuk, Bağlama Kuralları Cemal Şanlı/Emre Esen/İnci Ataman-Figanmeşe: Milletlerarası Özel Hukuk Ergin Nomer: Vatandaşlık Hukuku |
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 | 3 | 84 | |||
| Guided Problem Solving | 14 | 4 | 56 | |||
| Resolution of Homework Problems and Submission as a Report | 0 | 0 | 0 | |||
| Term Project | 0 | 0 | 0 | |||
| Presentation of Project / Seminar | 0 | 0 | 0 | |||
| Quiz | 28 | 2 | 56 | |||
| Midterm Exam | 2 | 34 | 68 | |||
| General Exam | 1 | 27 | 27 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 291 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(291/30) | 10 | |||||
| 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 |
|---|---|---|---|---|---|
| INTERNATIONAL PRIVATE LAW | - | Yearly | 6+0 | 6 | 10 |
| 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. Ayşe NUHOĞLU |
| Name of Lecturer(s) | Prof.Dr. Sibel ÖZEL |
| Assistant(s) | |
| Aim | To teach general general terminology and fundamental knowledge of private international law which is a fundamental field of international law |
| Course Content | This course contains; Introduction to Private International Law,Connecting factors,Renvoi in general,Incidental question,Private International Law and concept of public order 6.Week: Applicable law to formal validity,Applicable law to capacity,Applicable Law to prescription,Applicable law to matrimonial matters,Applicable law to succession,Applicable law to property rights,Applicable law to torts,Applicable law to contracts,Applicable law to unjust enrichment,Scope and Objective of Turkish Citizenship Law,Acquiring and losing (expatriation) Turkish Citizenship,Introduction to International Civil Procedure Law,Competence of Turkish Courts and Jurisdictional Immunity,International competence of the Turkish courts,Parallel Litigation (Lis alibi pendens),Choice of Forum Agreements,Choice of Forum Agreements,Recognition and Enforcement of Foreign Judgments,International Arbitration,The General Principles of the Law of Foreigners,Right to work by Foreigners in Turkey,Acquisition of immovable property by a real or legal person foreigner in Turkey,Freedom of Education of Foreigners,Inheritance rights of real and legal person foreigners in Turkey. |
| 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 apply such matters as Turkish nationality law. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 1.1. Interpret the cases related to acquisition of Turkish citizenship and expatriation. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 1.2. Explain sufficient knowledge about renvoi and incitental question. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 1.3. Interpret concept of public order in terms of Private International Law. | 10, 12, 13, 16, 3, 4, 6, 9 | A, D |
| 2. Will be able to distinguish the applicable law in such cases where foreign element exists. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 2.1. Interpret the scope and characteristics of provisions of conflict of laws. | 10, 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 2.2. List the fundamental knowledge as are necessary for solving law practice problems with respect to conflict of laws and Turkish nationality law. | 10, 12, 13, 19, 4, 6, 9 | A, D |
| 2.3. Apply recognition and enforcement of foreign awards. | 13, 3, 4, 6, 9 | A, D |
| 3. Will be able to identify the competent court of jurisdiction in such cases where foreign element exists. | 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 3.1. Identify the status of foreigners living in Turkey. | 10, 12, 13, 19, 3, 4, 6, 9 | A, D |
| 3.2. Explain the scope and characteristics of international procedural law. | 12, 13, 16, 19, 3, 4, 6, 9 | A, D |
| 3.3. List the fundamental knowledge as are necessary for solving law practice problems with respect to international procedural law and foreigners (aliens) law. | 10, 12, 13, 16, 3, 4, 6, 9 | A, D |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 3: Problem Baded Learning Model, 4: Inquiry-Based Learning, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam, D: Oral Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to Private International Law | |
| 2 | Connecting factors | |
| 3 | Renvoi in general | |
| 4 | Incidental question | |
| 5 | Private International Law and concept of public order 6.Week: Applicable law to formal validity | |
| 6 | Applicable law to capacity | |
| 7 | Applicable Law to prescription | |
| 8 | Applicable law to matrimonial matters | |
| 9 | Applicable law to succession | |
| 10 | Applicable law to property rights | |
| 11 | Applicable law to torts | |
| 12 | Applicable law to contracts | |
| 13 | Applicable law to unjust enrichment | |
| 14 | Scope and Objective of Turkish Citizenship Law | |
| 15 | Acquiring and losing (expatriation) Turkish Citizenship | |
| 16 | Introduction to International Civil Procedure Law | |
| 17 | Competence of Turkish Courts and Jurisdictional Immunity | |
| 18 | International competence of the Turkish courts | |
| 19 | Parallel Litigation (Lis alibi pendens) | |
| 20 | Choice of Forum Agreements | |
| 21 | Choice of Forum Agreements | |
| 22 | Recognition and Enforcement of Foreign Judgments | |
| 23 | International Arbitration | |
| 24 | The General Principles of the Law of Foreigners | |
| 25 | Right to work by Foreigners in Turkey | |
| 26 | Acquisition of immovable property by a real or legal person foreigner in Turkey | |
| 27 | Freedom of Education of Foreigners | |
| 28 | Inheritance rights of real and legal person foreigners in Turkey |
| Resources |
| The main text prepared for in class discussions and additional material which will be distributed each week. |
| Ergin Nomer: Devletler Hususi Hukuku Aysel Çelikel/Bahadır Erdem: Milletlerarası Özel Hukuk Gülören Tekinalp/Ayfer Uyanık-Çavuşoğlu : Milletlerarası Özel Hukuk, Bağlama Kuralları Cemal Şanlı/Emre Esen/İnci Ataman-Figanmeşe: Milletlerarası Özel Hukuk Ergin Nomer: Vatandaşlık Hukuku |
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 | |