Course Detail
Course Description
Course | Code | Semester | T+P (Hour) | Credit | ECTS |
---|---|---|---|---|---|
BANKRUPTCY and INSOLVENCY LAW | HUK4012255 | Yearly | 8+0 | 8 | 10 |
Course Program | Salı 13:30-14:15 Salı 14:30-15:15 Çarşamba 13:30-14:15 Çarşamba 14:30-15:15 |
Prerequisites Courses | |
Recommended Elective Courses |
Language of Course | Turkish |
Course Level | First Cycle (Bachelor's Degree) |
Course Type | Required |
Course Coordinator | Prof.Dr. Müjgan TUNÇ YÜCEL |
Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
Assistant(s) | Research Assistant M. Ceren Erdem Research Assistant E. Hande Boztosun Bozkurt |
Aim | General principles of law enforcement, the enforcement comprehend the functioning of the system, followed by a slight non-executive review and some form of a detailed theoretical and practical ways, transfer.The main purpose of the class is study and to analyse the general principles of bankruptcy law and the proceeding methods in total execution within the details according to theory and practice. |
Course Content | This course contains; Subject of Bankruptcy, Types of Tracking Systems and Tracking,Enforcement Organization,Legal Remedies (Complaint et al.),Request for Pursuit by General Seizure - Payment Order,Objection to Payment Order in Proceedings through General Seizur,Negative Declaratory Action and Action of Trover,Participation in Seizure and Sales,Sales and Division of Money,Pursuit by Converting Bills of Exchange into Cash,Evacuation of Leased Real Estate Without Judgment,Execution of Judments,Pursuit with or without Judgment through Conversion of Pledge into Money,General Information Regarding Bankruptcy,Bankruptcy Procedures and General Bankruptcy Procedure,Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange,Bankruptcy Procedures and Direct Reasons for Bankruptcy,Legal Consequences of Bankruptcy,Legal Consequences of Bankruptcy for creditor,Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office, Consequenses of Bankrupcty,Administration of the Bankruptcy Estate - Second Meeting of Creditors,Conversion to Cash and Distribution of Money in Bankruptcy,Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy, General information of concordat,Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision,Restructuring of Capital Companies through Consensus,Case for Cancellation of Savings,Crimes of Enforcement. |
Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
Discusses the purpose and principles of enforcement law. | 10, 13, 16, 9 | A |
Explains the duties and authorities of the main and auxiliary executive bodies. | 16, 9 | A |
Categorizes the grounds for appeal against the acts and actions of enforcement directors and officers. | 10, 12, 13, 16, 19, 9 | A |
Calculates execution fees, execution expenses, attorney fees and periods related to the parties of the proceedings. | 9 | A |
The party prepares the necessary documents (follow-up request, attachment request, sale request) for the follow-up procedures. | 13, 9 | A |
Compares the cancellation of the objection and the removal of the objection. | 10, 19, 9 | A |
Recognises the basic principles of seizure and monetisation. | 9 | A |
Compares special enforcement proceedings. | 10, 9 | A |
Defines the concept of execution; examples of documents in the nature of an execution. | 13, 16, 9 | A |
Explains the conditions and results of precautionary attachment | 16, 9 | A |
Identifies collective execution. | 16, 9 | A |
Analyses the reasons for bankruptcy. | 9 | A |
Explains the legal features of bankruptcy | 16, 9 | A |
Evaluates the procedures in bankruptcy liquidation in general terms. | 13, 9 | A |
Finds the difference between concordat and bankruptcy process. | 16, 19 | A |
Analyzes the case of cancellation of savings. | 16, 9 | A |
Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
Assessment Methods: | A: Traditional Written Exam |
Course Outline
Order | Subjects | Preliminary Work |
---|---|---|
1 | Subject of Bankruptcy, Types of Tracking Systems and Tracking | The student reads the "General Information About Enforcement Law" section in the references books. |
2 | Enforcement Organization | The student reads the "Enforcement Organization" section in the references books. |
3 | Legal Remedies (Complaint et al.) | The student reads the "Complaint" section in the references books.Examines current judicial decisions regarding indefinite grounds of complaint regarding public order. |
4 | Request for Pursuit by General Seizure - Payment Order | The student reads the "Request for Pursuit by General Seizure - Payment Order" section in the references books. Examines the follow-up request and payment order samples. |
5 | Objection to Payment Order in Proceedings through General Seizur | The student reads the "Objection to Payment Order in Proceedings through General Seizure" section in the references books.It prepares a comparative table regarding the removal of objection and cancellation of objection cases. |
6 | Negative Declaratory Action and Action of Trover | The student reads the "Negative Declaratory Action and Action of Trover" section in the references books. |
7 | Participation in Seizure and Sales | The student reads the "Participation in Seizure and Sales" section in the references books. |
8 | Sales and Division of Money | The student reads the "Sales and Division of Money" section in the references books. |
9 | Pursuit by Converting Bills of Exchange into Cash | The student reads the "Pursuit by Converting Bills of Exchange into Cash" section in the references books. |
10 | Evacuation of Leased Real Estate Without Judgment | The student reads the "Evacuation of Leased Real Estate Without Judgment" section in the references books. |
11 | Execution of Judments | The student reads the "Execution of Judments" section in the references books. |
12 | Pursuit with or without Judgment through Conversion of Pledge into Money | The student reads the "Pursuit with or without Judgment through Conversion of Pledge into Money" section in the references books. |
13 | General Information Regarding Bankruptcy | The student reads the "General Information Regarding Bankruptcy" section in the references books. |
14 | Bankruptcy Procedures and General Bankruptcy Procedure | The student reads the "Bankruptcy Procedures and General Bankruptcy Procedure"section in the references books. |
15 | Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange | The student reads the "Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange" section in the references books. |
16 | Bankruptcy Procedures and Direct Reasons for Bankruptcy | The student reads the "Bankruptcy Procedures and Direct Reasons for Bankruptcy" in the references books. |
17 | Legal Consequences of Bankruptcy | The student reads the "Legal Consequences of Bankruptcy" section in the references books. |
18 | Legal Consequences of Bankruptcy for creditor | The student reads the "Legal Consequences of Bankruptcy for creditor" in the references books. |
19 | Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office | The student reads the "Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office" section in the references books. |
20 | Consequenses of Bankrupcty | The student reads the " Consequenses of Bankrupcty" section in the references books. |
21 | Administration of the Bankruptcy Estate - Second Meeting of Creditors | The student reads the "Administration of the Bankruptcy Estate - Second Meeting of Creditors" section in the references books. |
22 | Conversion to Cash and Distribution of Money in Bankruptcy | The student reads the "Conversion to Cash and Distribution of Money in Bankruptcy" section in the references books. |
23 | Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy | The student reads the "Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy"section in the references books. |
24 | General information of concordat | The student reads the " General information of concordat" section in the references books. |
25 | Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision | The student reads the " Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision"section in the references books. |
26 | Restructuring of Capital Companies through Consensus | The student reads the "Restructuring of Capital Companies through Consensus" section in the references books. |
27 | Case for Cancellation of Savings | The student reads the "Case for Cancellation of Savings" section in the references books. |
28 | Crimes of Enforcement | The student reads the "Crimes of Enforcement" section in the references books. |
Resources |
Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, (Güncel Bası), Pekcanıtez, Hakan/ Atalay, Oğuz/ Sungurtekin Özkan, Meral/ Özekes, Muhammet, İcra ve İflas Hukuku Ders Kitabı (Güncel Bası), Atalı, Murat/ Ermenek, İbrahim/ Erdoğan, Ersin, İcra ve İflas Hukuku, Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004,Üstündağ, Saim, İflas Hukuku, İstanbul 2009. |
Kuru, Baki, İcra ve İflas Hukuku El Kitabı, 2. Bası, 2013, Öztek, Selçuk/ Budak, Ali Cem/ Tunç Yücel, Müjgan/ Kale, Serdar/ Yeşilova, Bilgehan, Yeni Konkordato Hukuku, 3. Baskı, 2023, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi, İstanbul 1949. |
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. | X | |||||
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. | 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 | 4 | 112 | |||
Guided Problem Solving | 8 | 2 | 16 | |||
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 | 50 | 50 | |||
General Exam | 1 | 120 | 120 | |||
Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
Total Workload(Hour) | 298 | |||||
Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(298/30) | 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 |
---|---|---|---|---|---|
BANKRUPTCY and INSOLVENCY LAW | HUK4012255 | Yearly | 8+0 | 8 | 10 |
Course Program | Salı 13:30-14:15 Salı 14:30-15:15 Çarşamba 13:30-14:15 Çarşamba 14:30-15:15 |
Prerequisites Courses | |
Recommended Elective Courses |
Language of Course | Turkish |
Course Level | First Cycle (Bachelor's Degree) |
Course Type | Required |
Course Coordinator | Prof.Dr. Müjgan TUNÇ YÜCEL |
Name of Lecturer(s) | Prof.Dr. Müjgan TUNÇ YÜCEL |
Assistant(s) | Research Assistant M. Ceren Erdem Research Assistant E. Hande Boztosun Bozkurt |
Aim | General principles of law enforcement, the enforcement comprehend the functioning of the system, followed by a slight non-executive review and some form of a detailed theoretical and practical ways, transfer.The main purpose of the class is study and to analyse the general principles of bankruptcy law and the proceeding methods in total execution within the details according to theory and practice. |
Course Content | This course contains; Subject of Bankruptcy, Types of Tracking Systems and Tracking,Enforcement Organization,Legal Remedies (Complaint et al.),Request for Pursuit by General Seizure - Payment Order,Objection to Payment Order in Proceedings through General Seizur,Negative Declaratory Action and Action of Trover,Participation in Seizure and Sales,Sales and Division of Money,Pursuit by Converting Bills of Exchange into Cash,Evacuation of Leased Real Estate Without Judgment,Execution of Judments,Pursuit with or without Judgment through Conversion of Pledge into Money,General Information Regarding Bankruptcy,Bankruptcy Procedures and General Bankruptcy Procedure,Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange,Bankruptcy Procedures and Direct Reasons for Bankruptcy,Legal Consequences of Bankruptcy,Legal Consequences of Bankruptcy for creditor,Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office, Consequenses of Bankrupcty,Administration of the Bankruptcy Estate - Second Meeting of Creditors,Conversion to Cash and Distribution of Money in Bankruptcy,Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy, General information of concordat,Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision,Restructuring of Capital Companies through Consensus,Case for Cancellation of Savings,Crimes of Enforcement. |
Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
Discusses the purpose and principles of enforcement law. | 10, 13, 16, 9 | A |
Explains the duties and authorities of the main and auxiliary executive bodies. | 16, 9 | A |
Categorizes the grounds for appeal against the acts and actions of enforcement directors and officers. | 10, 12, 13, 16, 19, 9 | A |
Calculates execution fees, execution expenses, attorney fees and periods related to the parties of the proceedings. | 9 | A |
The party prepares the necessary documents (follow-up request, attachment request, sale request) for the follow-up procedures. | 13, 9 | A |
Compares the cancellation of the objection and the removal of the objection. | 10, 19, 9 | A |
Recognises the basic principles of seizure and monetisation. | 9 | A |
Compares special enforcement proceedings. | 10, 9 | A |
Defines the concept of execution; examples of documents in the nature of an execution. | 13, 16, 9 | A |
Explains the conditions and results of precautionary attachment | 16, 9 | A |
Identifies collective execution. | 16, 9 | A |
Analyses the reasons for bankruptcy. | 9 | A |
Explains the legal features of bankruptcy | 16, 9 | A |
Evaluates the procedures in bankruptcy liquidation in general terms. | 13, 9 | A |
Finds the difference between concordat and bankruptcy process. | 16, 19 | A |
Analyzes the case of cancellation of savings. | 16, 9 | A |
Teaching Methods: | 10: Discussion Method, 12: Problem Solving Method, 13: Case Study Method, 16: Question - Answer Technique, 19: Brainstorming Technique, 9: Lecture Method |
Assessment Methods: | A: Traditional Written Exam |
Course Outline
Order | Subjects | Preliminary Work |
---|---|---|
1 | Subject of Bankruptcy, Types of Tracking Systems and Tracking | The student reads the "General Information About Enforcement Law" section in the references books. |
2 | Enforcement Organization | The student reads the "Enforcement Organization" section in the references books. |
3 | Legal Remedies (Complaint et al.) | The student reads the "Complaint" section in the references books.Examines current judicial decisions regarding indefinite grounds of complaint regarding public order. |
4 | Request for Pursuit by General Seizure - Payment Order | The student reads the "Request for Pursuit by General Seizure - Payment Order" section in the references books. Examines the follow-up request and payment order samples. |
5 | Objection to Payment Order in Proceedings through General Seizur | The student reads the "Objection to Payment Order in Proceedings through General Seizure" section in the references books.It prepares a comparative table regarding the removal of objection and cancellation of objection cases. |
6 | Negative Declaratory Action and Action of Trover | The student reads the "Negative Declaratory Action and Action of Trover" section in the references books. |
7 | Participation in Seizure and Sales | The student reads the "Participation in Seizure and Sales" section in the references books. |
8 | Sales and Division of Money | The student reads the "Sales and Division of Money" section in the references books. |
9 | Pursuit by Converting Bills of Exchange into Cash | The student reads the "Pursuit by Converting Bills of Exchange into Cash" section in the references books. |
10 | Evacuation of Leased Real Estate Without Judgment | The student reads the "Evacuation of Leased Real Estate Without Judgment" section in the references books. |
11 | Execution of Judments | The student reads the "Execution of Judments" section in the references books. |
12 | Pursuit with or without Judgment through Conversion of Pledge into Money | The student reads the "Pursuit with or without Judgment through Conversion of Pledge into Money" section in the references books. |
13 | General Information Regarding Bankruptcy | The student reads the "General Information Regarding Bankruptcy" section in the references books. |
14 | Bankruptcy Procedures and General Bankruptcy Procedure | The student reads the "Bankruptcy Procedures and General Bankruptcy Procedure"section in the references books. |
15 | Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange | The student reads the "Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange" section in the references books. |
16 | Bankruptcy Procedures and Direct Reasons for Bankruptcy | The student reads the "Bankruptcy Procedures and Direct Reasons for Bankruptcy" in the references books. |
17 | Legal Consequences of Bankruptcy | The student reads the "Legal Consequences of Bankruptcy" section in the references books. |
18 | Legal Consequences of Bankruptcy for creditor | The student reads the "Legal Consequences of Bankruptcy for creditor" in the references books. |
19 | Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office | The student reads the "Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office" section in the references books. |
20 | Consequenses of Bankrupcty | The student reads the " Consequenses of Bankrupcty" section in the references books. |
21 | Administration of the Bankruptcy Estate - Second Meeting of Creditors | The student reads the "Administration of the Bankruptcy Estate - Second Meeting of Creditors" section in the references books. |
22 | Conversion to Cash and Distribution of Money in Bankruptcy | The student reads the "Conversion to Cash and Distribution of Money in Bankruptcy" section in the references books. |
23 | Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy | The student reads the "Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy"section in the references books. |
24 | General information of concordat | The student reads the " General information of concordat" section in the references books. |
25 | Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision | The student reads the " Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision"section in the references books. |
26 | Restructuring of Capital Companies through Consensus | The student reads the "Restructuring of Capital Companies through Consensus" section in the references books. |
27 | Case for Cancellation of Savings | The student reads the "Case for Cancellation of Savings" section in the references books. |
28 | Crimes of Enforcement | The student reads the "Crimes of Enforcement" section in the references books. |
Resources |
Kuru/ Arslan/ Yılmaz, İcra ve İflas Hukuku, (Güncel Bası), Pekcanıtez, Hakan/ Atalay, Oğuz/ Sungurtekin Özkan, Meral/ Özekes, Muhammet, İcra ve İflas Hukuku Ders Kitabı (Güncel Bası), Atalı, Murat/ Ermenek, İbrahim/ Erdoğan, Ersin, İcra ve İflas Hukuku, Üstündağ, Saim, İcra Hukukunun Esasları, İstanbul 2004,Üstündağ, Saim, İflas Hukuku, İstanbul 2009. |
Kuru, Baki, İcra ve İflas Hukuku El Kitabı, 2. Bası, 2013, Öztek, Selçuk/ Budak, Ali Cem/ Tunç Yücel, Müjgan/ Kale, Serdar/ Yeşilova, Bilgehan, Yeni Konkordato Hukuku, 3. Baskı, 2023, Belgesay, Mustafa Reşit, İcra ve İflas Kanunu Şerhi, İstanbul 1949. |
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. | X | |||||
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. | 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 |