Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INHERITANCE LAW | HUK4213790 | Spring Semester | 3+0 | 3 | 5 |
| Course Program | Perşembe 13:30-14:15 Perşembe 14:30-15:15 Perşembe 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. Harun DEMİRBAŞ |
| Name of Lecturer(s) | Assist.Prof. Davut ARMAĞAN |
| Assistant(s) | There is no course assistant. |
| Aim | Provide to have knowledge to students regarding theorical knowledge of inheritage law and solution of practical problems in this field. |
| Course Content | This course contains; Basic Concepts of Inheritance Law and Statutory Heirship,Testamentary Capacity, Testamentary Dispositions in Formal Sense I (Will),Testamentary Disposition in Formal Meaning II (Testamentary Contract), Termination of Testamentary Dispositions in Formal Meaning,Testamentary Disposition in Material Meaning (Institution of Heir-Legacy-Condition-Burden-Institution of Foundation-Substitution-Appointment of Remainderman),Testamentary Disposition in Material Meaning II (Inheritance renunciation-Disinheritance-Appointment of Excutor of Will),Interpretation and Invalidation of Testamentary Dispositions,Compulsory Portion, Proportion of Disopsition, Effect of Renunciation-Disinheritance-Unworthiness of Inheritance,Reduction,Hotchpot,Conditions of Opening of the Succession, Assignment of Shares of the Estate, Effect of Absence, Measures of Protection, Certificate of Inheritance,Acqusition of Estate I (Renunciation of Inheritance, Public Inventory, Official Liquidation),Acqusition of Estate II (Using Right of Option of the Heirs, Action for Recovery of Inheritance), Community of Heirs,Partition of Estate I (Types of Partition-General Rules Regarding Partition-Partition with Consensus of the Heirs-Action of Partition-Delaying Reasons of Partition, Participation of Curator Appointed by Judge to the Partition,Partition of Estate II (Realization of Partition-Results of Partititon . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. distinguish basic concepts of inheritance law, heir at law and parental system. | 13, 16, 9 | A |
| 1.1. explains concepts of inheritor, legator and estate | 13, 16, 9 | A |
| 1.2. summarizes legal heirship | 13, 16, 9 | A |
| 1.3. Defines the categorisation system. | 13, 16, 9 | A |
| 2. explains disposals subject to death. | 13, 16, 9 | A |
| 2.1. explains the formal dispositions in connection with death. | 13, 16, 9 | A |
| 2.2. explains testamentary dispositions in material meaning | 13, 16, 9 | A |
| 2.3. distinguishes testamentary disposition capability | 13, 16, 9 | A |
| 2.4. explains interpretation and cancellation of testamentary disposition | 13, 16, 9 | A |
| 3. expresses disclaimer of inheritance, transfer of estate and partition of estate. | 13, 16, 9 | A |
| 3.1. summarizes disclaimer of inheritance | 13, 16, 9 | A |
| 3.2. explains transfer of estate | 13, 16, 9 | A |
| 3.3. summarizes partition of estate | 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 | Basic Concepts of Inheritance Law and Statutory Heirship | Student should read related materials. |
| 2 | Testamentary Capacity, Testamentary Dispositions in Formal Sense I (Will) | Student should read related materials. |
| 3 | Testamentary Disposition in Formal Meaning II (Testamentary Contract), Termination of Testamentary Dispositions in Formal Meaning | Student should read related materials. |
| 4 | Testamentary Disposition in Material Meaning (Institution of Heir-Legacy-Condition-Burden-Institution of Foundation-Substitution-Appointment of Remainderman) | Student should read related materials. |
| 5 | Testamentary Disposition in Material Meaning II (Inheritance renunciation-Disinheritance-Appointment of Excutor of Will) | Student should read related materials. |
| 6 | Interpretation and Invalidation of Testamentary Dispositions | Student should read related materials. |
| 7 | Compulsory Portion, Proportion of Disopsition, Effect of Renunciation-Disinheritance-Unworthiness of Inheritance | Student should read related materials. |
| 8 | Reduction | Student should read related materials. |
| 9 | Hotchpot | Student should read related materials. |
| 10 | Conditions of Opening of the Succession, Assignment of Shares of the Estate, Effect of Absence, Measures of Protection, Certificate of Inheritance | Student should read related materials. |
| 11 | Acqusition of Estate I (Renunciation of Inheritance, Public Inventory, Official Liquidation) | Student should read related materials. |
| 12 | Acqusition of Estate II (Using Right of Option of the Heirs, Action for Recovery of Inheritance), Community of Heirs | Student should read related materials. |
| 13 | Partition of Estate I (Types of Partition-General Rules Regarding Partition-Partition with Consensus of the Heirs-Action of Partition-Delaying Reasons of Partition, Participation of Curator Appointed by Judge to the Partition | Student should read related materials. |
| 14 | Partition of Estate II (Realization of Partition-Results of Partititon | Student should read related materials. |
| Resources |
| Mustafa Dural/Turgut Öz, Türk Özel Hukuku Cilt IV Miras Hukuku, 19. Baskı, Filiz Kitabevi, İstanbul 2023. Zahit İmre/Hasan Erman, Miras Hukuku, 16. Baskı, Der Yayınları, İstanbul 2022. Fikret Eren/İpek Yücer Aktürk, Türk Miras Hukuku, 5. Baskı, Yetkin Yayınları, Ankara 2023. Bilge Öztan, Miras Hukuku, 13. Baskı, Yetkin Yayınları, Ankara 2023. Ali Naim İnan/Şeref Ertaş/Hakan Albaş, Türk Medeni Hukuku Miras Hukuku, 12. Baskı, Seçkin Yayıncılık, Ankara 2024. Süleyman Yılmaz, Medeni Hukuk Cilt – IV Miras Hukuku, 2. Baskı, Yetkin Yayınları, Ankara 2024. |
| Suat Sarı, Uygulamalı Miras Hukuku, 10. Baskı, Filiz Kitabevi, İstanbul 2021. Hande Deniz, Miras Hukuku Pratik Çalışmaları, 6. Baskı, Seçkin Yayıncılık, Ankara 2023. Melek Bilgin Yüce, Miras Hukuku Pratik Çalışmaları, 4. Baskı, Seçkin Yayıncılık, Ankara 2022. Cem Baygın/Ahmet Nar/Şerife Aksan Nar/Meltem Bulut, Medeni Hukuk Pratik Çalışmaları -IV Mİras Hukuku, 2. Baskı, Yetkin Yayıncılık, Ankara 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. | X | |||||
| 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. | X | |||||
| 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). | X | |||||
| 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. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 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. | X | |||||
| 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 | 14 | 3 | 42 | |||
| Guided Problem Solving | 7 | 3 | 21 | |||
| 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 | 27 | 27 | |||
| General Exam | 1 | 50 | 50 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 140 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(140/30) | 5 | |||||
| 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 |
|---|---|---|---|---|---|
| INHERITANCE LAW | HUK4213790 | Spring Semester | 3+0 | 3 | 5 |
| Course Program | Perşembe 13:30-14:15 Perşembe 14:30-15:15 Perşembe 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. Harun DEMİRBAŞ |
| Name of Lecturer(s) | Assist.Prof. Davut ARMAĞAN |
| Assistant(s) | There is no course assistant. |
| Aim | Provide to have knowledge to students regarding theorical knowledge of inheritage law and solution of practical problems in this field. |
| Course Content | This course contains; Basic Concepts of Inheritance Law and Statutory Heirship,Testamentary Capacity, Testamentary Dispositions in Formal Sense I (Will),Testamentary Disposition in Formal Meaning II (Testamentary Contract), Termination of Testamentary Dispositions in Formal Meaning,Testamentary Disposition in Material Meaning (Institution of Heir-Legacy-Condition-Burden-Institution of Foundation-Substitution-Appointment of Remainderman),Testamentary Disposition in Material Meaning II (Inheritance renunciation-Disinheritance-Appointment of Excutor of Will),Interpretation and Invalidation of Testamentary Dispositions,Compulsory Portion, Proportion of Disopsition, Effect of Renunciation-Disinheritance-Unworthiness of Inheritance,Reduction,Hotchpot,Conditions of Opening of the Succession, Assignment of Shares of the Estate, Effect of Absence, Measures of Protection, Certificate of Inheritance,Acqusition of Estate I (Renunciation of Inheritance, Public Inventory, Official Liquidation),Acqusition of Estate II (Using Right of Option of the Heirs, Action for Recovery of Inheritance), Community of Heirs,Partition of Estate I (Types of Partition-General Rules Regarding Partition-Partition with Consensus of the Heirs-Action of Partition-Delaying Reasons of Partition, Participation of Curator Appointed by Judge to the Partition,Partition of Estate II (Realization of Partition-Results of Partititon . |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. distinguish basic concepts of inheritance law, heir at law and parental system. | 13, 16, 9 | A |
| 1.1. explains concepts of inheritor, legator and estate | 13, 16, 9 | A |
| 1.2. summarizes legal heirship | 13, 16, 9 | A |
| 1.3. Defines the categorisation system. | 13, 16, 9 | A |
| 2. explains disposals subject to death. | 13, 16, 9 | A |
| 2.1. explains the formal dispositions in connection with death. | 13, 16, 9 | A |
| 2.2. explains testamentary dispositions in material meaning | 13, 16, 9 | A |
| 2.3. distinguishes testamentary disposition capability | 13, 16, 9 | A |
| 2.4. explains interpretation and cancellation of testamentary disposition | 13, 16, 9 | A |
| 3. expresses disclaimer of inheritance, transfer of estate and partition of estate. | 13, 16, 9 | A |
| 3.1. summarizes disclaimer of inheritance | 13, 16, 9 | A |
| 3.2. explains transfer of estate | 13, 16, 9 | A |
| 3.3. summarizes partition of estate | 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 | Basic Concepts of Inheritance Law and Statutory Heirship | Student should read related materials. |
| 2 | Testamentary Capacity, Testamentary Dispositions in Formal Sense I (Will) | Student should read related materials. |
| 3 | Testamentary Disposition in Formal Meaning II (Testamentary Contract), Termination of Testamentary Dispositions in Formal Meaning | Student should read related materials. |
| 4 | Testamentary Disposition in Material Meaning (Institution of Heir-Legacy-Condition-Burden-Institution of Foundation-Substitution-Appointment of Remainderman) | Student should read related materials. |
| 5 | Testamentary Disposition in Material Meaning II (Inheritance renunciation-Disinheritance-Appointment of Excutor of Will) | Student should read related materials. |
| 6 | Interpretation and Invalidation of Testamentary Dispositions | Student should read related materials. |
| 7 | Compulsory Portion, Proportion of Disopsition, Effect of Renunciation-Disinheritance-Unworthiness of Inheritance | Student should read related materials. |
| 8 | Reduction | Student should read related materials. |
| 9 | Hotchpot | Student should read related materials. |
| 10 | Conditions of Opening of the Succession, Assignment of Shares of the Estate, Effect of Absence, Measures of Protection, Certificate of Inheritance | Student should read related materials. |
| 11 | Acqusition of Estate I (Renunciation of Inheritance, Public Inventory, Official Liquidation) | Student should read related materials. |
| 12 | Acqusition of Estate II (Using Right of Option of the Heirs, Action for Recovery of Inheritance), Community of Heirs | Student should read related materials. |
| 13 | Partition of Estate I (Types of Partition-General Rules Regarding Partition-Partition with Consensus of the Heirs-Action of Partition-Delaying Reasons of Partition, Participation of Curator Appointed by Judge to the Partition | Student should read related materials. |
| 14 | Partition of Estate II (Realization of Partition-Results of Partititon | Student should read related materials. |
| Resources |
| Mustafa Dural/Turgut Öz, Türk Özel Hukuku Cilt IV Miras Hukuku, 19. Baskı, Filiz Kitabevi, İstanbul 2023. Zahit İmre/Hasan Erman, Miras Hukuku, 16. Baskı, Der Yayınları, İstanbul 2022. Fikret Eren/İpek Yücer Aktürk, Türk Miras Hukuku, 5. Baskı, Yetkin Yayınları, Ankara 2023. Bilge Öztan, Miras Hukuku, 13. Baskı, Yetkin Yayınları, Ankara 2023. Ali Naim İnan/Şeref Ertaş/Hakan Albaş, Türk Medeni Hukuku Miras Hukuku, 12. Baskı, Seçkin Yayıncılık, Ankara 2024. Süleyman Yılmaz, Medeni Hukuk Cilt – IV Miras Hukuku, 2. Baskı, Yetkin Yayınları, Ankara 2024. |
| Suat Sarı, Uygulamalı Miras Hukuku, 10. Baskı, Filiz Kitabevi, İstanbul 2021. Hande Deniz, Miras Hukuku Pratik Çalışmaları, 6. Baskı, Seçkin Yayıncılık, Ankara 2023. Melek Bilgin Yüce, Miras Hukuku Pratik Çalışmaları, 4. Baskı, Seçkin Yayıncılık, Ankara 2022. Cem Baygın/Ahmet Nar/Şerife Aksan Nar/Meltem Bulut, Medeni Hukuk Pratik Çalışmaları -IV Mİras Hukuku, 2. Baskı, Yetkin Yayıncılık, Ankara 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. | X | |||||
| 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. | X | |||||
| 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). | X | |||||
| 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. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | X | |||||
| 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. | X | |||||
| 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 | |