Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| LAW of OBLIGATIONS (PRIVATE NORMS) | HUK3047400 | Yearly | 6+0 | 6 | 8 |
| Course Program | Çarşamba 13:30-14:15 Çarşamba 14:30-15:15 Çarşamba 15:30-16:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Cevdet YAVUZ |
| Name of Lecturer(s) | Prof.Dr. Cevdet YAVUZ |
| Assistant(s) | Ar. Gör. Buğra Kaan Çakıroğlu |
| Aim | To evaluate provisions on, especially on the ground of Turkish Obligation Law, law of contracts and their sources, sui generis contracts, mixed contracts, typical contracts (e.g. leasing, sales, construciton, mandatum, bail and contract for lifelong support) in light of the doctrine and case law. |
| Course Content | This course contains; Special provisions, their relations with the general provisions, sui generis contracts,Exclusive distributorship agreement, lodgement agreement, settlement agreement,Mixed contracts and provisions which are applicated to them,Sales agreement, definition and elements, the subject of sales of movables,Obligations of seller, obligation of transfer of property of sold,Responsability from capture,Responsability from defect,Responsability from defect,Default of seller and its consequences,Obligations of buyer, acquisition of possession of sold,Default of buyer and its consequences,Preemption, purchase and repurchase agreements I,Preemption, purchase and repurchase agreements II,Real estate sales,Some kinds of sales: Sale on sample, sale on condition of approval, sale on partial payment, sale by tender,Elements of leasing agreement and porduct rent agreement, the parties andAdi kira ve ürün kirasının unsurları, tarafları ve şekli,Determining the rent,Duration of leasing contract and implied renewal; obligations of landlord, delivery obligation of landlord,Responsability of landlord from defects,Responsability of landlord from capture,Obligations of tenant, especially legal subsidiary obligations,Rent payment obligations of tenant and default in this obligation, right of lien of the landlord,Causes of dissolution of leasing agreementi,Construction contract I,Construction contract II,Construction contract III,Mandatum and lodgement agreement, bail agreement I,Bail agreement II and contract for lifelong support. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. regulates private debt relations, anonymous and named contracts, their social and economic functions and the provisions of the Second Part of the Turkish Code of Obligations. | 13, 16, 9 | A |
| 1.1. Explain the relations between general and special provisions of the Code of Obligations, sui generis contracts and typical contracts (e.g. leasing, sales, construciton, mandatum, bail and contract for lifelong support) | 13, 16, 9 | A |
| 1.2. Explain the applications of provisions on sui generis and typical contracts. | 13, 16, 9 | A |
| 1.3. refers to the obligations of both parties in named and anonymous contracts that impose a debt on both parties, and the obligations of the party that undertakes the debt in contracts that impose a debt on one party. | 13, 16, 9 | A |
| 2. Defines the special provisions of the Turkish Code of Obligations in accordance with the law. | 13, 16, 9 | A |
| 2.1. explains the provisions regarding special debt relations in the light of the opinions put forward in doctrine and practice. | 13, 16, 9 | A |
| 2.2. explains the differences between the regulations in the new Turkish Code of Obligations No. 6098 regarding private debt relations and the regulations in our previous Code of Obligations No. 818, which was abolished on July 1, 2012. | 13, 16, 9 | A |
| 2.3. Interpret provisions, rules and exceptions of these provisions and interpret them according to their compulsory or complementary character. | 13, 16, 9 | A |
| 3. Defines the provisions regarding special debt relations in terms of solving concrete legal problems. | 13, 16, 9 | A |
| 3.1. expresses the provisions regarding special debt relations in a way that can be used in solving concrete legal problems that are frequently encountered in daily life. | 13, 16, 9 | A |
| 3.2. Evaluate the special provisions of Law of Obligations in light of the case law and doctrinal thoughts. | 13, 16, 9 | A |
| 3.3. Evaluate and applicate the special provisions of Law of Obligations, in terms of de lege lata and de lege feranda. | 13, 16, 9 | A |
| Teaching Methods: | 13: Case Study Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Special provisions, their relations with the general provisions, sui generis contracts | |
| 2 | Exclusive distributorship agreement, lodgement agreement, settlement agreement | |
| 3 | Mixed contracts and provisions which are applicated to them | |
| 4 | Sales agreement, definition and elements, the subject of sales of movables | |
| 5 | Obligations of seller, obligation of transfer of property of sold | |
| 6 | Responsability from capture | |
| 7 | Responsability from defect | |
| 8 | Responsability from defect | |
| 9 | Default of seller and its consequences | |
| 10 | Obligations of buyer, acquisition of possession of sold | |
| 11 | Default of buyer and its consequences | |
| 12 | Preemption, purchase and repurchase agreements I | |
| 13 | Preemption, purchase and repurchase agreements II | |
| 14 | Real estate sales | |
| 15 | Some kinds of sales: Sale on sample, sale on condition of approval, sale on partial payment, sale by tender | |
| 16 | Elements of leasing agreement and porduct rent agreement, the parties andAdi kira ve ürün kirasının unsurları, tarafları ve şekli | |
| 17 | Determining the rent | |
| 18 | Duration of leasing contract and implied renewal; obligations of landlord, delivery obligation of landlord | |
| 19 | Responsability of landlord from defects | |
| 20 | Responsability of landlord from capture | |
| 21 | Obligations of tenant, especially legal subsidiary obligations | |
| 22 | Rent payment obligations of tenant and default in this obligation, right of lien of the landlord | |
| 23 | Causes of dissolution of leasing agreementi | |
| 24 | Construction contract I | |
| 25 | Construction contract II | |
| 26 | Construction contract III | |
| 27 | Mandatum and lodgement agreement, bail agreement I | |
| 28 | Bail agreement II and contract for lifelong support |
| Resources |
| There are various textbooks on law of obligations. Therefore no additional material will be suggested. |
| Ders Kitapları YAVUZ, Cevdet / ACAR, Faruk / ÖZEN, Burak, Türk Borçlar Hukuku Özel Hükümler (2 Cilt), İstanbul 2022. YAVUZ, Cevdet / ACAR, Faruk / ÖZEN, Burak, Borçlar Hukuku Dersleri (Özel Hükümler), İstanbul 2021. AYDOĞDU, Murat / KAHVECİ, Nalan: Türk Borçlar Hukuku - Özel Borç İlişkileri, 2021. AYDOĞDU, Murat / KAHVECİ, Nalan: Türk Borçlar Hukuku - Özel Borç İlişkileri - Özet Ders Kitabı, 2022. GÜMÜŞ, Mustafa Alper, Borçlar Özel Hükümler Kısa Ders Kitabı, 2020. ZEVKLİLER, Aydın / GÖKYAYLA, K. Emre: Borçlar Hukuku, Özel Borç İlişkileri, 2021 EREN, Fikret, Borçlar Hukuku Özel Hükümler, Ekim 2021. SEROZAN, RONA, Borçlar Hukuku Özel Bölüm, Ocak 2019. NOMER, Haluk Nami / ENGİN, Baki İlkay, Türk Borçlar Kanunu Şerhi Özel Borç İlişkileri, Ocak 2022 Pratik Çalışma Kitapları, KOÇ, Nevzat / AYDOĞDU, Murat: Borçlar Özel Hukuku Pratik Çalışmaları ve Sınav Soruları, 2017. KAPANCI, Kadir Berk, Borçlar Hukuku Özel Hükümler Pratik Çalışmalar, 2021. YÜCE, Melek Bilgin, :Borçlar Hukuku Özel Hükümler Pratik Çalışmaları, 2021. TÜZÜNER, Özelem: Borçlar Hukuku Özel Hükümler Pratik Çalışmalar, 2021. |
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. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 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. | X | |||||
| 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. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 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. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 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. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
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 | 28 | 1 | 28 | |||
| 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 | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 80 | 80 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 232 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(232/30) | 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 |
|---|---|---|---|---|---|
| LAW of OBLIGATIONS (PRIVATE NORMS) | HUK3047400 | Yearly | 6+0 | 6 | 8 |
| Course Program | Çarşamba 13:30-14:15 Çarşamba 14:30-15:15 Çarşamba 15:30-16:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Cevdet YAVUZ |
| Name of Lecturer(s) | Prof.Dr. Cevdet YAVUZ |
| Assistant(s) | Ar. Gör. Buğra Kaan Çakıroğlu |
| Aim | To evaluate provisions on, especially on the ground of Turkish Obligation Law, law of contracts and their sources, sui generis contracts, mixed contracts, typical contracts (e.g. leasing, sales, construciton, mandatum, bail and contract for lifelong support) in light of the doctrine and case law. |
| Course Content | This course contains; Special provisions, their relations with the general provisions, sui generis contracts,Exclusive distributorship agreement, lodgement agreement, settlement agreement,Mixed contracts and provisions which are applicated to them,Sales agreement, definition and elements, the subject of sales of movables,Obligations of seller, obligation of transfer of property of sold,Responsability from capture,Responsability from defect,Responsability from defect,Default of seller and its consequences,Obligations of buyer, acquisition of possession of sold,Default of buyer and its consequences,Preemption, purchase and repurchase agreements I,Preemption, purchase and repurchase agreements II,Real estate sales,Some kinds of sales: Sale on sample, sale on condition of approval, sale on partial payment, sale by tender,Elements of leasing agreement and porduct rent agreement, the parties andAdi kira ve ürün kirasının unsurları, tarafları ve şekli,Determining the rent,Duration of leasing contract and implied renewal; obligations of landlord, delivery obligation of landlord,Responsability of landlord from defects,Responsability of landlord from capture,Obligations of tenant, especially legal subsidiary obligations,Rent payment obligations of tenant and default in this obligation, right of lien of the landlord,Causes of dissolution of leasing agreementi,Construction contract I,Construction contract II,Construction contract III,Mandatum and lodgement agreement, bail agreement I,Bail agreement II and contract for lifelong support. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. regulates private debt relations, anonymous and named contracts, their social and economic functions and the provisions of the Second Part of the Turkish Code of Obligations. | 13, 16, 9 | A |
| 1.1. Explain the relations between general and special provisions of the Code of Obligations, sui generis contracts and typical contracts (e.g. leasing, sales, construciton, mandatum, bail and contract for lifelong support) | 13, 16, 9 | A |
| 1.2. Explain the applications of provisions on sui generis and typical contracts. | 13, 16, 9 | A |
| 1.3. refers to the obligations of both parties in named and anonymous contracts that impose a debt on both parties, and the obligations of the party that undertakes the debt in contracts that impose a debt on one party. | 13, 16, 9 | A |
| 2. Defines the special provisions of the Turkish Code of Obligations in accordance with the law. | 13, 16, 9 | A |
| 2.1. explains the provisions regarding special debt relations in the light of the opinions put forward in doctrine and practice. | 13, 16, 9 | A |
| 2.2. explains the differences between the regulations in the new Turkish Code of Obligations No. 6098 regarding private debt relations and the regulations in our previous Code of Obligations No. 818, which was abolished on July 1, 2012. | 13, 16, 9 | A |
| 2.3. Interpret provisions, rules and exceptions of these provisions and interpret them according to their compulsory or complementary character. | 13, 16, 9 | A |
| 3. Defines the provisions regarding special debt relations in terms of solving concrete legal problems. | 13, 16, 9 | A |
| 3.1. expresses the provisions regarding special debt relations in a way that can be used in solving concrete legal problems that are frequently encountered in daily life. | 13, 16, 9 | A |
| 3.2. Evaluate the special provisions of Law of Obligations in light of the case law and doctrinal thoughts. | 13, 16, 9 | A |
| 3.3. Evaluate and applicate the special provisions of Law of Obligations, in terms of de lege lata and de lege feranda. | 13, 16, 9 | A |
| Teaching Methods: | 13: Case Study Method, 16: Question - Answer Technique, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Special provisions, their relations with the general provisions, sui generis contracts | |
| 2 | Exclusive distributorship agreement, lodgement agreement, settlement agreement | |
| 3 | Mixed contracts and provisions which are applicated to them | |
| 4 | Sales agreement, definition and elements, the subject of sales of movables | |
| 5 | Obligations of seller, obligation of transfer of property of sold | |
| 6 | Responsability from capture | |
| 7 | Responsability from defect | |
| 8 | Responsability from defect | |
| 9 | Default of seller and its consequences | |
| 10 | Obligations of buyer, acquisition of possession of sold | |
| 11 | Default of buyer and its consequences | |
| 12 | Preemption, purchase and repurchase agreements I | |
| 13 | Preemption, purchase and repurchase agreements II | |
| 14 | Real estate sales | |
| 15 | Some kinds of sales: Sale on sample, sale on condition of approval, sale on partial payment, sale by tender | |
| 16 | Elements of leasing agreement and porduct rent agreement, the parties andAdi kira ve ürün kirasının unsurları, tarafları ve şekli | |
| 17 | Determining the rent | |
| 18 | Duration of leasing contract and implied renewal; obligations of landlord, delivery obligation of landlord | |
| 19 | Responsability of landlord from defects | |
| 20 | Responsability of landlord from capture | |
| 21 | Obligations of tenant, especially legal subsidiary obligations | |
| 22 | Rent payment obligations of tenant and default in this obligation, right of lien of the landlord | |
| 23 | Causes of dissolution of leasing agreementi | |
| 24 | Construction contract I | |
| 25 | Construction contract II | |
| 26 | Construction contract III | |
| 27 | Mandatum and lodgement agreement, bail agreement I | |
| 28 | Bail agreement II and contract for lifelong support |
| Resources |
| There are various textbooks on law of obligations. Therefore no additional material will be suggested. |
| Ders Kitapları YAVUZ, Cevdet / ACAR, Faruk / ÖZEN, Burak, Türk Borçlar Hukuku Özel Hükümler (2 Cilt), İstanbul 2022. YAVUZ, Cevdet / ACAR, Faruk / ÖZEN, Burak, Borçlar Hukuku Dersleri (Özel Hükümler), İstanbul 2021. AYDOĞDU, Murat / KAHVECİ, Nalan: Türk Borçlar Hukuku - Özel Borç İlişkileri, 2021. AYDOĞDU, Murat / KAHVECİ, Nalan: Türk Borçlar Hukuku - Özel Borç İlişkileri - Özet Ders Kitabı, 2022. GÜMÜŞ, Mustafa Alper, Borçlar Özel Hükümler Kısa Ders Kitabı, 2020. ZEVKLİLER, Aydın / GÖKYAYLA, K. Emre: Borçlar Hukuku, Özel Borç İlişkileri, 2021 EREN, Fikret, Borçlar Hukuku Özel Hükümler, Ekim 2021. SEROZAN, RONA, Borçlar Hukuku Özel Bölüm, Ocak 2019. NOMER, Haluk Nami / ENGİN, Baki İlkay, Türk Borçlar Kanunu Şerhi Özel Borç İlişkileri, Ocak 2022 Pratik Çalışma Kitapları, KOÇ, Nevzat / AYDOĞDU, Murat: Borçlar Özel Hukuku Pratik Çalışmaları ve Sınav Soruları, 2017. KAPANCI, Kadir Berk, Borçlar Hukuku Özel Hükümler Pratik Çalışmalar, 2021. YÜCE, Melek Bilgin, :Borçlar Hukuku Özel Hükümler Pratik Çalışmaları, 2021. TÜZÜNER, Özelem: Borçlar Hukuku Özel Hükümler Pratik Çalışmalar, 2021. |
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. | X | |||||
| 2 | 2. In addition to theoretical knowledge comprehend using, comparing, interpreting and the substance and procedures of implementation of legal rules. | X | |||||
| 3 | 3. Know historical development process of law and legal systems as a branch of science. | X | |||||
| 4 | 4. Have information on contemporary legal regulations, court judgments and jurisprudential views. | X | |||||
| 5 | 5. Evaluate, interpret; and make researches on legal regulations, court judgments and jurisprudential views by a methodological approach. | X | |||||
| 6 | 6. Settle legal disputes departing from legal rules, court judgments and jurisprudential views. | X | |||||
| 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. | X | |||||
| 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. | X | |||||
| 11 | 11. Deal with the social and legal problems with a critical perspective and produce solutions for these problems. | X | |||||
| 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. | X | |||||
| 14 | 14. Use information and communication technologies in the field of legal profession effectively. | X | |||||
| 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. | X | |||||
| 20 | 20. Have the capacity of evaluation and competency of finding solutions for legal disputes from the point of positive and ideal law. | X | |||||
Assessment Methods
| Contribution Level | Relative Evaluation | |
| Rate of Midterm Exam to Success | 40 | |
| Rate of Final Exam to Success | 60 | |
| Total | 100 | |