Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| PROPERTY LAW | HUK3047500 | Yearly | 6+0 | 6 | 8 |
| Course Program | Salı 13:30-14:15 Salı 14:30-15:15 Salı 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) | Prof.Dr. Harun DEMİRBAŞ |
| Assistant(s) | Ar. Gör. Buğra Kaan Çakıroğlu |
| Aim | Identification of the basic principles of the property law and to have detailed information about possession, land register, real rights and kinds of real rights. |
| Course Content | This course contains; The Concept of Property, Basic Principles of Property Law and the Classification of Real Rights,The Concept and Kinds of Possession, Acquisition and Lost of Possession, Protection of Possession I (Right of Defense, Possessory Action and Administrative Protection),Protection of Possession II (Action based on the Presumption of Possession),Duty of Restitution Possessor and Coverage of Restitution,The Elements of Land Register,Basic Principles of Law of Land Register, The Registration of the Properties.,The Acquisition of Real Rights,Wrongful Entry on the Land Register and Correction,Declarations and Recordable Personal Rights., Restrictive Records of Power of Disposition and Records of Temporary Registration, Liability of State due to False-Registration, Basic Principles of Real Rights,Right of Property, Integral Part and Accessory,Joined Ownership, Legal Right of Preemption, Co-ownership, Acquisition of the movable Property, Acquisition of the immovable Property,The Content of the immovable Property, The Restrictions of the immovable Property, Limited Real Rights, Servitudes,The Right of Usufructuary, Residence and Construction, Basic Principles of immovable Property Pledge,Kinds of immovable Property Pledge,Basic Principles of immovable Property Pledge, Kinds of immovable Property Pledge. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Explains the legal status of the possessor. | 12, 13, 4, 9 | |
| 1.1. Identify the concept and kinds of possession | 12, 13, 4, 9 | |
| 1.2. Identify the rights and powers of possessor | 12, 13, 4, 9 | |
| 2. Explains the subject, the obtaining, the losing and the scope of movable and immovable property | 12, 13, 4, 9 | |
| 2.1. Explain the subject of immovable property | 12, 13, 4, 9 | |
| 2.2. Identify the ways of obtaining immovable property | 12, 13, 4, 9 | |
| 2.3. Explain the scope of immovable property | 12, 13, 4, 9 | |
| 2.4. Identify the losing immovable property | 12, 13, 4, 9 | |
| 3. Defines the concept and types of pledge right. | 12, 13, 4, 9 | |
| 3.1. Explain the concept of pledge on immovable property | 12, 13, 4, 9 | |
| 3.2. Explain the ruling principles of pledge on immovable property | 12, 13, 4, 9 | |
| 3.3. Defines the concept and types of movable pledge. | 12, 13, 4, 9 | |
| 3.4. Expresses the principles governing movable pledge. | 12, 13, 4, 9 |
| Teaching Methods: | 12: Problem Solving Method, 13: Case Study Method, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Concept of Property, Basic Principles of Property Law and the Classification of Real Rights | |
| 2 | The Concept and Kinds of Possession | |
| 3 | Acquisition and Lost of Possession | |
| 4 | Protection of Possession I (Right of Defense, Possessory Action and Administrative Protection) | |
| 5 | Protection of Possession II (Action based on the Presumption of Possession) | |
| 6 | Duty of Restitution Possessor and Coverage of Restitution | |
| 7 | The Elements of Land Register | |
| 8 | Basic Principles of Law of Land Register | |
| 9 | The Registration of the Properties. | |
| 10 | The Acquisition of Real Rights | |
| 11 | Wrongful Entry on the Land Register and Correction | |
| 12 | Declarations and Recordable Personal Rights. | |
| 13 | Restrictive Records of Power of Disposition and Records of Temporary Registration | |
| 14 | Liability of State due to False-Registration | |
| 15 | Basic Principles of Real Rights | |
| 16 | Right of Property, Integral Part and Accessory | |
| 17 | Joined Ownership | |
| 18 | Legal Right of Preemption, Co-ownership | |
| 19 | Acquisition of the movable Property | |
| 20 | Acquisition of the immovable Property | |
| 21 | The Content of the immovable Property | |
| 22 | The Restrictions of the immovable Property | |
| 23 | Limited Real Rights, Servitudes | |
| 24 | The Right of Usufructuary, Residence and Construction | |
| 25 | Basic Principles of immovable Property Pledge | |
| 26 | Kinds of immovable Property Pledge | |
| 27 | Basic Principles of immovable Property Pledge | |
| 28 | Kinds of immovable Property Pledge |
| Resources |
| There is no course grade. |
| 1- Şeref Ertaş, Eşya Hukuku, 10. Baskı, Fakülteler Barış Yayınları, İzmir 2012. 2- Aydın Aybay/Hüseyin Hatemi, Eşya Hukuku, Vedat Kitapçılık, İstanbul 2012. 3- Mehmet Ayan, Eşya Hukuku I-II-III. Ciltler, Mimoza, Konya 2012. 4- Prof. Dr. M. Kemal OĞUZMAN, Prof. Dr. Özer SELİÇİ, Prof. Dr. Saibe OKTAY ÖZDEMİR Filiz Kitabevi, Eşya Hukuku 23. Baskı, 2021 5- Prof. Dr. Haluk Nami NOMER, Prof. Dr. Mehmet Serkan Ergüne On İki Levha Yayıncılık EŞYA HUKUKU (ZİLYETLİK TAPU SİCİLİ REHİN HAKLARI PAYLI MÜLKİYET) 9.BASKI ( NOMER-ERGÜNE ), 2022 6- Prof. Dr. Halil Akkanat, Eşya Hukuku (Çözümlü) Uygulama Örnekleri, Nisan 2022 / 1. Baskı. 7- Prof. Dr. A. Lale Sirmen, Eşya Hukuku, Ekim 2021 / 9. Baskı 8- Prof. Dr. Osman Gökhan Antalya (Editör), Marmara Hukuk Yorumu, Eşya Hukuku CİLT: IV/1,Giriş, Temel Kavram Ve İlkeler – Zilyetlik – Tapu sicili, Ekim 2021 / 4. Baskı 9- Prof. Dr. Ahmet M. Kılıçoğlu, Eşya Hukuku, Haziran 2021 / 1. Baskı 10- Doç. Dr. Melek Bilgin Yüce, Eşya Hukuku Pratik Çalışmaları, Mayıs 2021 / 2. Baskı |
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. | 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. | X | |||||
| 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 | 2 | 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 | 0 | 0 | 0 | |||
| Midterm Exam | 1 | 40 | 40 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 250 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(250/30) | 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 |
|---|---|---|---|---|---|
| PROPERTY LAW | HUK3047500 | Yearly | 6+0 | 6 | 8 |
| Course Program | Salı 13:30-14:15 Salı 14:30-15:15 Salı 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) | Prof.Dr. Harun DEMİRBAŞ |
| Assistant(s) | Ar. Gör. Buğra Kaan Çakıroğlu |
| Aim | Identification of the basic principles of the property law and to have detailed information about possession, land register, real rights and kinds of real rights. |
| Course Content | This course contains; The Concept of Property, Basic Principles of Property Law and the Classification of Real Rights,The Concept and Kinds of Possession, Acquisition and Lost of Possession, Protection of Possession I (Right of Defense, Possessory Action and Administrative Protection),Protection of Possession II (Action based on the Presumption of Possession),Duty of Restitution Possessor and Coverage of Restitution,The Elements of Land Register,Basic Principles of Law of Land Register, The Registration of the Properties.,The Acquisition of Real Rights,Wrongful Entry on the Land Register and Correction,Declarations and Recordable Personal Rights., Restrictive Records of Power of Disposition and Records of Temporary Registration, Liability of State due to False-Registration, Basic Principles of Real Rights,Right of Property, Integral Part and Accessory,Joined Ownership, Legal Right of Preemption, Co-ownership, Acquisition of the movable Property, Acquisition of the immovable Property,The Content of the immovable Property, The Restrictions of the immovable Property, Limited Real Rights, Servitudes,The Right of Usufructuary, Residence and Construction, Basic Principles of immovable Property Pledge,Kinds of immovable Property Pledge,Basic Principles of immovable Property Pledge, Kinds of immovable Property Pledge. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Explains the legal status of the possessor. | 12, 13, 4, 9 | |
| 1.1. Identify the concept and kinds of possession | 12, 13, 4, 9 | |
| 1.2. Identify the rights and powers of possessor | 12, 13, 4, 9 | |
| 2. Explains the subject, the obtaining, the losing and the scope of movable and immovable property | 12, 13, 4, 9 | |
| 2.1. Explain the subject of immovable property | 12, 13, 4, 9 | |
| 2.2. Identify the ways of obtaining immovable property | 12, 13, 4, 9 | |
| 2.3. Explain the scope of immovable property | 12, 13, 4, 9 | |
| 2.4. Identify the losing immovable property | 12, 13, 4, 9 | |
| 3. Defines the concept and types of pledge right. | 12, 13, 4, 9 | |
| 3.1. Explain the concept of pledge on immovable property | 12, 13, 4, 9 | |
| 3.2. Explain the ruling principles of pledge on immovable property | 12, 13, 4, 9 | |
| 3.3. Defines the concept and types of movable pledge. | 12, 13, 4, 9 | |
| 3.4. Expresses the principles governing movable pledge. | 12, 13, 4, 9 |
| Teaching Methods: | 12: Problem Solving Method, 13: Case Study Method, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | The Concept of Property, Basic Principles of Property Law and the Classification of Real Rights | |
| 2 | The Concept and Kinds of Possession | |
| 3 | Acquisition and Lost of Possession | |
| 4 | Protection of Possession I (Right of Defense, Possessory Action and Administrative Protection) | |
| 5 | Protection of Possession II (Action based on the Presumption of Possession) | |
| 6 | Duty of Restitution Possessor and Coverage of Restitution | |
| 7 | The Elements of Land Register | |
| 8 | Basic Principles of Law of Land Register | |
| 9 | The Registration of the Properties. | |
| 10 | The Acquisition of Real Rights | |
| 11 | Wrongful Entry on the Land Register and Correction | |
| 12 | Declarations and Recordable Personal Rights. | |
| 13 | Restrictive Records of Power of Disposition and Records of Temporary Registration | |
| 14 | Liability of State due to False-Registration | |
| 15 | Basic Principles of Real Rights | |
| 16 | Right of Property, Integral Part and Accessory | |
| 17 | Joined Ownership | |
| 18 | Legal Right of Preemption, Co-ownership | |
| 19 | Acquisition of the movable Property | |
| 20 | Acquisition of the immovable Property | |
| 21 | The Content of the immovable Property | |
| 22 | The Restrictions of the immovable Property | |
| 23 | Limited Real Rights, Servitudes | |
| 24 | The Right of Usufructuary, Residence and Construction | |
| 25 | Basic Principles of immovable Property Pledge | |
| 26 | Kinds of immovable Property Pledge | |
| 27 | Basic Principles of immovable Property Pledge | |
| 28 | Kinds of immovable Property Pledge |
| Resources |
| There is no course grade. |
| 1- Şeref Ertaş, Eşya Hukuku, 10. Baskı, Fakülteler Barış Yayınları, İzmir 2012. 2- Aydın Aybay/Hüseyin Hatemi, Eşya Hukuku, Vedat Kitapçılık, İstanbul 2012. 3- Mehmet Ayan, Eşya Hukuku I-II-III. Ciltler, Mimoza, Konya 2012. 4- Prof. Dr. M. Kemal OĞUZMAN, Prof. Dr. Özer SELİÇİ, Prof. Dr. Saibe OKTAY ÖZDEMİR Filiz Kitabevi, Eşya Hukuku 23. Baskı, 2021 5- Prof. Dr. Haluk Nami NOMER, Prof. Dr. Mehmet Serkan Ergüne On İki Levha Yayıncılık EŞYA HUKUKU (ZİLYETLİK TAPU SİCİLİ REHİN HAKLARI PAYLI MÜLKİYET) 9.BASKI ( NOMER-ERGÜNE ), 2022 6- Prof. Dr. Halil Akkanat, Eşya Hukuku (Çözümlü) Uygulama Örnekleri, Nisan 2022 / 1. Baskı. 7- Prof. Dr. A. Lale Sirmen, Eşya Hukuku, Ekim 2021 / 9. Baskı 8- Prof. Dr. Osman Gökhan Antalya (Editör), Marmara Hukuk Yorumu, Eşya Hukuku CİLT: IV/1,Giriş, Temel Kavram Ve İlkeler – Zilyetlik – Tapu sicili, Ekim 2021 / 4. Baskı 9- Prof. Dr. Ahmet M. Kılıçoğlu, Eşya Hukuku, Haziran 2021 / 1. Baskı 10- Doç. Dr. Melek Bilgin Yüce, Eşya Hukuku Pratik Çalışmaları, Mayıs 2021 / 2. Baskı |
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. | 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. | X | |||||
| 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 | |