Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| COMMERCIAL LAW | HUK3047300 | Yearly | 6+0 | 6 | 8 |
| Course Program | Cuma 14:30-15:15 Cuma 15:30-16:15 Cuma 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Salih Önder YEŞİLTEPE |
| Name of Lecturer(s) | Prof.Dr. Salih Önder YEŞİLTEPE |
| Assistant(s) | Ar. Gör. Abdullah Revaha Gencer; Ar. Gör. Beyza Yiğitbaşı |
| Aim | The aim of Company Law Knowledge lecture is ensuring the understanding of the student of the transactions rules and institutions, within this framework general principle and rules of company law and the practice through usage with examples for having the ability to resolve disputes. |
| Course Content | This course contains; Introduction to the Commercial Entrepirse Law,Commercial Business and Consequnces related to the Nomination of Comemercial Business,Transfer of Commercial Entreprise,Pledge of Commercial Entreprise,Tradesman,Consequences and Determination of Being Tradesman,Dependent Auxiliaries of Tradesman,Independent Auxiliaries of Tradesman,Trade Register,Commercial Name,Commercial Enterprice Name,Unfair competition,Unfair competition,Commercial Books,Currency account,Introduction to Company Law,Ordinary Partnership,General Provisions of Companies,Open Company,Commandite Partnership,Basic Characteristics and Incorporation of the Joint Stock Company,Board of Directors,Audits and Accounts,General Assembly,Voidness of the Decisions of the General Assembly,Amendments of Articles of Incorporation,Rights and Obligations of Shareholders,Dissolution and Liquidation,Security of Joint Stock Company,Legal and Criminal Liability of Joint Stock Company. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Recognizes the provisions of commercial law and defines the basic concepts. | 16, 9 | A |
| 1.1. Matches the concepts of commercial enterprise, commercial business, merchant, company, and the transactions arising in connection with them. | 13, 16, 4, 9 | A |
| 1.2. Compares the concepts of commercial enterprise and artisan enterprise. | 13, 16, 19, 4, 9 | A |
| 1.3. Will be able to explain the legal positions of dependent and independent merchant assistants in terms of their relationship with the merchant and the differences between them. | 13, 16, 4, 9 | A |
| 2. Interprets the provisions of commercial law and points out the solution of disputes. | 10, 16, 9 | A |
| 2.1 Analyzes the problems arising in trade relations. | 10, 14, 9 | A |
| 2.2. To have an opinion on the provisions to be applied to disputes arising in commercial relations. | 16, 19, 9 | A |
| 3. Apply the general principles and concepts of Commercial Law. | 13, 14, 16, 9 | A |
| 3.1. Matches general principles and concepts with concrete events. | 10, 13, 16, 9 | A |
| 3.2. Solves the problems related to the concrete case with appropriate provisions. | 10, 13, 16, 9 | A |
| 4. Indicates which provisions apply in a commercial dispute. | 12, 13, 16, 9 | A |
| 4.1. Name the order in which commercial provisions apply. | 16, 9 | A |
| 5. Law No. 6102 on unfair competition recognizes the regulations on commercial books and current accounts. | 16, 9 | A |
| 5.1. Summarizes the principles and legal consequences of unfair competition. | 14, 16, 9 | A |
| 5.2. Defines current account and evaluates its legal nature. | 13, 14, 9 | A |
| 5.3. Classifies commercial books and names the consequences of keeping commercial books. | 13, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to the Commercial Entrepirse Law | No preliminary preparation is required. |
| 2 | Commercial Business and Consequnces related to the Nomination of Comemercial Business | No preliminary preparation is required. |
| 3 | Transfer of Commercial Entreprise | Reading the first chapter titled Commercial Enterprise from recommended sources |
| 4 | Pledge of Commercial Entreprise | Reading the relevant articles in the Law on Movable Pledge in Commercial Transactions. |
| 5 | Tradesman | Reading the chapter titled Merchant and Provisions of Being a Merchant from recommended sources |
| 6 | Consequences and Determination of Being Tradesman | Reading the chapter titled Merchant and Provisions of Being a Merchant from recommended sources |
| 7 | Dependent Auxiliaries of Tradesman | Reading the title of Merchant Assistants from the recommended sources and reading from the Law No. 6098 on the relevant subject |
| 8 | Independent Auxiliaries of Tradesman | Reading the title of Merchant Assistants from the recommended sources and reading on the relevant subject from the law numbered 6102 |
| 9 | Trade Register | Reading on trade registry regulation |
| 10 | Commercial Name | Reading the section titled Trade Name and Business Name from the proposed sources |
| 11 | Commercial Enterprice Name | Reading the section titled Trade Name and Business Name from the proposed sources |
| 12 | Unfair competition | Reading the Unfair Competition section from the recommended sources and collecting examples from practice |
| 13 | Unfair competition | Reading the Unfair Competition section from the recommended sources and collecting examples from practice |
| 14 | Commercial Books | Reading the title of Commercial Books from the recommended sources and examining the relevant articles |
| 15 | Currency account | Reading the subject titled Current Account from the recommended sources and reading the relevant provisions of the law numbered 6102. |
| 16 | Introduction to Company Law | No preliminary preparation is required. |
| 17 | Ordinary Partnership | Reading the relevant provisions of the law numbered 6098. |
| 18 | General Provisions of Companies | Reading the section titled General Provisions of Commercial Companies in Law No. 6102 |
| 19 | Open Company | Reading Article 211 - 304 of Law No. 6102 |
| 20 | Commandite Partnership | Reading Article 304 - 329 of Law No. 6102 |
| 21 | Basic Characteristics and Incorporation of the Joint Stock Company | Reading the section titled "Establishment of a Joint Stock Company" from the proposed sources |
| 22 | Board of Directors | Reading articles 359- 397 from the law numbered 6102 |
| 23 | Audits and Accounts | Reading the Audit title from recommended sources |
| 24 | General Assembly | Reading articles 407-451 from the law numbered 6102 |
| 25 | Voidness of the Decisions of the General Assembly | Reading the section on the invalidity of General Assembly resolutions from the proposed sources |
| 26 | Amendments of Articles of Incorporation | Reading articles 452-476 from the law numbered 6102 |
| 27 | Rights and Obligations of Shareholders,Dissolution and Liquidation | Reading about the concept of shareholding from the recommended sources |
| 28 | Security of Joint Stock Company,Legal and Criminal Liability of Joint Stock Company | Reading from recommended sources on board of directors, audit and share issues |
| Resources |
| No textbook will be provided. |
| Sabih Arkan, Ticari İşletme Hukuku, Bankacılık Enstitüsü, 2023 Eylül, 29. Bs. Mehmet Bahtiyar, Ticari İşletme Hukuku (Ders Notları), Beta Yayıncılık, 2023 Şubat, 22. Bs. Mehmet Bahtiyar/ Ali Ayli/Argun Karamanlıoğlu/ Mehmet F. Şua, Ticari İşletme Hukuku, Beta Yayıncılık, 2022 Kasım , 1. Bs. Arslan Kaya/N. Füsun Nomer Ertan/Hüseyin Ülgen/Mehmet Helvacı, Ticari İşletme Hukuku, Vedat Yayıncılık, 2021 Kasım , 7. Bs. Reha Poroy/Hamdi Yasaman, Ticari İşletme Hukuku, Seçkin Yayıncılık, 2022 Ekim, 19. Bs. Ali Bozer / Celal Göle, Ticari İşletme Hukuku, Bankacılık Enstitüsü, 2023 Temmuz, 8. Bs. Oruç Hami Şener, Ticari İşletme Hukuku (Ders Kitabı), Seçkin Yayıncılık, 2020 Ekim , 2. Bs. Rıza Ayhan/Hayrettin Çağlar/Mehmet Özdamar, Ticari İşletme Hukuku Yetkin Yayıncılık, 2022 Eylül, 15. Bs. . |
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. | 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. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 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 | 14 | 2 | 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 | 28 | 1 | 28 | |||
| Midterm Exam | 2 | 34 | 68 | |||
| General Exam | 1 | 27 | 27 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 235 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(235/30) | 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 |
|---|---|---|---|---|---|
| COMMERCIAL LAW | HUK3047300 | Yearly | 6+0 | 6 | 8 |
| Course Program | Cuma 14:30-15:15 Cuma 15:30-16:15 Cuma 16:30-17:15 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Salih Önder YEŞİLTEPE |
| Name of Lecturer(s) | Prof.Dr. Salih Önder YEŞİLTEPE |
| Assistant(s) | Ar. Gör. Abdullah Revaha Gencer; Ar. Gör. Beyza Yiğitbaşı |
| Aim | The aim of Company Law Knowledge lecture is ensuring the understanding of the student of the transactions rules and institutions, within this framework general principle and rules of company law and the practice through usage with examples for having the ability to resolve disputes. |
| Course Content | This course contains; Introduction to the Commercial Entrepirse Law,Commercial Business and Consequnces related to the Nomination of Comemercial Business,Transfer of Commercial Entreprise,Pledge of Commercial Entreprise,Tradesman,Consequences and Determination of Being Tradesman,Dependent Auxiliaries of Tradesman,Independent Auxiliaries of Tradesman,Trade Register,Commercial Name,Commercial Enterprice Name,Unfair competition,Unfair competition,Commercial Books,Currency account,Introduction to Company Law,Ordinary Partnership,General Provisions of Companies,Open Company,Commandite Partnership,Basic Characteristics and Incorporation of the Joint Stock Company,Board of Directors,Audits and Accounts,General Assembly,Voidness of the Decisions of the General Assembly,Amendments of Articles of Incorporation,Rights and Obligations of Shareholders,Dissolution and Liquidation,Security of Joint Stock Company,Legal and Criminal Liability of Joint Stock Company. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 1. Recognizes the provisions of commercial law and defines the basic concepts. | 16, 9 | A |
| 1.1. Matches the concepts of commercial enterprise, commercial business, merchant, company, and the transactions arising in connection with them. | 13, 16, 4, 9 | A |
| 1.2. Compares the concepts of commercial enterprise and artisan enterprise. | 13, 16, 19, 4, 9 | A |
| 1.3. Will be able to explain the legal positions of dependent and independent merchant assistants in terms of their relationship with the merchant and the differences between them. | 13, 16, 4, 9 | A |
| 2. Interprets the provisions of commercial law and points out the solution of disputes. | 10, 16, 9 | A |
| 2.1 Analyzes the problems arising in trade relations. | 10, 14, 9 | A |
| 2.2. To have an opinion on the provisions to be applied to disputes arising in commercial relations. | 16, 19, 9 | A |
| 3. Apply the general principles and concepts of Commercial Law. | 13, 14, 16, 9 | A |
| 3.1. Matches general principles and concepts with concrete events. | 10, 13, 16, 9 | A |
| 3.2. Solves the problems related to the concrete case with appropriate provisions. | 10, 13, 16, 9 | A |
| 4. Indicates which provisions apply in a commercial dispute. | 12, 13, 16, 9 | A |
| 4.1. Name the order in which commercial provisions apply. | 16, 9 | A |
| 5. Law No. 6102 on unfair competition recognizes the regulations on commercial books and current accounts. | 16, 9 | A |
| 5.1. Summarizes the principles and legal consequences of unfair competition. | 14, 16, 9 | A |
| 5.2. Defines current account and evaluates its legal nature. | 13, 14, 9 | A |
| 5.3. Classifies commercial books and names the consequences of keeping commercial books. | 13, 16, 9 | A |
| Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 14: Self Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 4: Inquiry-Based Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to the Commercial Entrepirse Law | No preliminary preparation is required. |
| 2 | Commercial Business and Consequnces related to the Nomination of Comemercial Business | No preliminary preparation is required. |
| 3 | Transfer of Commercial Entreprise | Reading the first chapter titled Commercial Enterprise from recommended sources |
| 4 | Pledge of Commercial Entreprise | Reading the relevant articles in the Law on Movable Pledge in Commercial Transactions. |
| 5 | Tradesman | Reading the chapter titled Merchant and Provisions of Being a Merchant from recommended sources |
| 6 | Consequences and Determination of Being Tradesman | Reading the chapter titled Merchant and Provisions of Being a Merchant from recommended sources |
| 7 | Dependent Auxiliaries of Tradesman | Reading the title of Merchant Assistants from the recommended sources and reading from the Law No. 6098 on the relevant subject |
| 8 | Independent Auxiliaries of Tradesman | Reading the title of Merchant Assistants from the recommended sources and reading on the relevant subject from the law numbered 6102 |
| 9 | Trade Register | Reading on trade registry regulation |
| 10 | Commercial Name | Reading the section titled Trade Name and Business Name from the proposed sources |
| 11 | Commercial Enterprice Name | Reading the section titled Trade Name and Business Name from the proposed sources |
| 12 | Unfair competition | Reading the Unfair Competition section from the recommended sources and collecting examples from practice |
| 13 | Unfair competition | Reading the Unfair Competition section from the recommended sources and collecting examples from practice |
| 14 | Commercial Books | Reading the title of Commercial Books from the recommended sources and examining the relevant articles |
| 15 | Currency account | Reading the subject titled Current Account from the recommended sources and reading the relevant provisions of the law numbered 6102. |
| 16 | Introduction to Company Law | No preliminary preparation is required. |
| 17 | Ordinary Partnership | Reading the relevant provisions of the law numbered 6098. |
| 18 | General Provisions of Companies | Reading the section titled General Provisions of Commercial Companies in Law No. 6102 |
| 19 | Open Company | Reading Article 211 - 304 of Law No. 6102 |
| 20 | Commandite Partnership | Reading Article 304 - 329 of Law No. 6102 |
| 21 | Basic Characteristics and Incorporation of the Joint Stock Company | Reading the section titled "Establishment of a Joint Stock Company" from the proposed sources |
| 22 | Board of Directors | Reading articles 359- 397 from the law numbered 6102 |
| 23 | Audits and Accounts | Reading the Audit title from recommended sources |
| 24 | General Assembly | Reading articles 407-451 from the law numbered 6102 |
| 25 | Voidness of the Decisions of the General Assembly | Reading the section on the invalidity of General Assembly resolutions from the proposed sources |
| 26 | Amendments of Articles of Incorporation | Reading articles 452-476 from the law numbered 6102 |
| 27 | Rights and Obligations of Shareholders,Dissolution and Liquidation | Reading about the concept of shareholding from the recommended sources |
| 28 | Security of Joint Stock Company,Legal and Criminal Liability of Joint Stock Company | Reading from recommended sources on board of directors, audit and share issues |
| Resources |
| No textbook will be provided. |
| Sabih Arkan, Ticari İşletme Hukuku, Bankacılık Enstitüsü, 2023 Eylül, 29. Bs. Mehmet Bahtiyar, Ticari İşletme Hukuku (Ders Notları), Beta Yayıncılık, 2023 Şubat, 22. Bs. Mehmet Bahtiyar/ Ali Ayli/Argun Karamanlıoğlu/ Mehmet F. Şua, Ticari İşletme Hukuku, Beta Yayıncılık, 2022 Kasım , 1. Bs. Arslan Kaya/N. Füsun Nomer Ertan/Hüseyin Ülgen/Mehmet Helvacı, Ticari İşletme Hukuku, Vedat Yayıncılık, 2021 Kasım , 7. Bs. Reha Poroy/Hamdi Yasaman, Ticari İşletme Hukuku, Seçkin Yayıncılık, 2022 Ekim, 19. Bs. Ali Bozer / Celal Göle, Ticari İşletme Hukuku, Bankacılık Enstitüsü, 2023 Temmuz, 8. Bs. Oruç Hami Şener, Ticari İşletme Hukuku (Ders Kitabı), Seçkin Yayıncılık, 2020 Ekim , 2. Bs. Rıza Ayhan/Hayrettin Çağlar/Mehmet Özdamar, Ticari İşletme Hukuku Yetkin Yayıncılık, 2022 Eylül, 15. Bs. . |
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. | 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. | ||||||
| 18 | 18. As a lawyer who recognizes universal principles of law, protects and defends rule of law quality of Turkish Republic. | X | |||||
| 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 | |