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Course Detail

Course Description

CourseCodeSemesterT+P (Hour)CreditECTS
BANKRUPTCY and INSOLVENCY LAWHUK4012255Yearly8+0810
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 CourseTurkish
Course LevelFirst Cycle (Bachelor's Degree)
Course TypeRequired
Course CoordinatorProf.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
AimGeneral 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 ContentThis 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 KazanımlarıTeaching MethodsAssessment Methods
Discusses the purpose and principles of enforcement law.10, 13, 16, 9A
Explains the duties and authorities of the main and auxiliary executive bodies.16, 9A
Categorizes the grounds for appeal against the acts and actions of enforcement directors and officers.10, 12, 13, 16, 19, 9A
Calculates execution fees, execution expenses, attorney fees and periods related to the parties of the proceedings.9A
The party prepares the necessary documents (follow-up request, attachment request, sale request) for the follow-up procedures.13, 9A
Compares the cancellation of the objection and the removal of the objection.10, 19, 9A
Recognises the basic principles of seizure and monetisation.9A
Compares special enforcement proceedings.10, 9A
Defines the concept of execution; examples of documents in the nature of an execution.13, 16, 9A
Explains the conditions and results of precautionary attachment16, 9A
Identifies collective execution.16, 9A
Analyses the reasons for bankruptcy.9A
Explains the legal features of bankruptcy16, 9A
Evaluates the procedures in bankruptcy liquidation in general terms.13, 9A
Finds the difference between concordat and bankruptcy process.16, 19A
Analyzes the case of cancellation of savings.16, 9A
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

OrderSubjectsPreliminary Work
1Subject of Bankruptcy, Types of Tracking Systems and TrackingThe student reads the "General Information About Enforcement Law" section in the references books.
2Enforcement OrganizationThe student reads the "Enforcement Organization" section in the references books.
3Legal 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.
4Request for Pursuit by General Seizure - Payment OrderThe 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.
5Objection to Payment Order in Proceedings through General SeizurThe 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.
6Negative Declaratory Action and Action of TroverThe student reads the "Negative Declaratory Action and Action of Trover" section in the references books.
7Participation in Seizure and SalesThe student reads the "Participation in Seizure and Sales" section in the references books.
8Sales and Division of MoneyThe student reads the "Sales and Division of Money" section in the references books.
9Pursuit by Converting Bills of Exchange into CashThe student reads the "Pursuit by Converting Bills of Exchange into Cash" section in the references books.
10Evacuation of Leased Real Estate Without JudgmentThe student reads the "Evacuation of Leased Real Estate Without Judgment" section in the references books.
11Execution of JudmentsThe student reads the "Execution of Judments" section in the references books.
12Pursuit with or without Judgment through Conversion of Pledge into MoneyThe student reads the "Pursuit with or without Judgment through Conversion of Pledge into Money" section in the references books.
13General Information Regarding BankruptcyThe student reads the "General Information Regarding Bankruptcy" section in the references books.
14Bankruptcy Procedures and General Bankruptcy ProcedureThe student reads the "Bankruptcy Procedures and General Bankruptcy Procedure"section in the references books.
15Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of ExchangeThe student reads the "Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange" section in the references books.
16Bankruptcy Procedures and Direct Reasons for BankruptcyThe student reads the "Bankruptcy Procedures and Direct Reasons for Bankruptcy" in the references books.
17Legal Consequences of BankruptcyThe student reads the "Legal Consequences of Bankruptcy" section in the references books.
18Legal Consequences of Bankruptcy for creditorThe student reads the "Legal Consequences of Bankruptcy for creditor" in the references books.
19Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy OfficeThe student reads the "Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office" section in the references books.
20 Consequenses of BankrupctyThe student reads the " Consequenses of Bankrupcty" section in the references books.
21Administration of the Bankruptcy Estate - Second Meeting of CreditorsThe student reads the "Administration of the Bankruptcy Estate - Second Meeting of Creditors" section in the references books.
22Conversion to Cash and Distribution of Money in BankruptcyThe student reads the "Conversion to Cash and Distribution of Money in Bankruptcy" section in the references books.
23Closing of Bankruptcy - Issuance of Certificate of Insolvency in BankruptcyThe student reads the "Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy"section in the references books.
24 General information of concordatThe student reads the " General information of concordat" section in the references books.
25Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval DecisionThe student reads the " Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision"section in the references books.
26Restructuring of Capital Companies through ConsensusThe student reads the "Restructuring of Capital Companies through Consensus" section in the references books.
27Case for Cancellation of SavingsThe student reads the "Case for Cancellation of Savings" section in the references books.
28Crimes of EnforcementThe 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
NoProgram QualificationContribution Level
12345
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 LevelRelative Evaluation
Rate of Midterm Exam to Success 40
Rate of Final Exam to Success 60
Total 100
ECTS / Workload Table
ActivitiesNumber ofDuration(Hour)Total Workload(Hour)
Course Hours284112
Guided Problem Solving8216
Resolution of Homework Problems and Submission as a Report000
Term Project000
Presentation of Project / Seminar000
Quiz000
Midterm Exam15050
General Exam1120120
Performance Task, Maintenance Plan000
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

CourseCodeSemesterT+P (Hour)CreditECTS
BANKRUPTCY and INSOLVENCY LAWHUK4012255Yearly8+0810
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 CourseTurkish
Course LevelFirst Cycle (Bachelor's Degree)
Course TypeRequired
Course CoordinatorProf.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
AimGeneral 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 ContentThis 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 KazanımlarıTeaching MethodsAssessment Methods
Discusses the purpose and principles of enforcement law.10, 13, 16, 9A
Explains the duties and authorities of the main and auxiliary executive bodies.16, 9A
Categorizes the grounds for appeal against the acts and actions of enforcement directors and officers.10, 12, 13, 16, 19, 9A
Calculates execution fees, execution expenses, attorney fees and periods related to the parties of the proceedings.9A
The party prepares the necessary documents (follow-up request, attachment request, sale request) for the follow-up procedures.13, 9A
Compares the cancellation of the objection and the removal of the objection.10, 19, 9A
Recognises the basic principles of seizure and monetisation.9A
Compares special enforcement proceedings.10, 9A
Defines the concept of execution; examples of documents in the nature of an execution.13, 16, 9A
Explains the conditions and results of precautionary attachment16, 9A
Identifies collective execution.16, 9A
Analyses the reasons for bankruptcy.9A
Explains the legal features of bankruptcy16, 9A
Evaluates the procedures in bankruptcy liquidation in general terms.13, 9A
Finds the difference between concordat and bankruptcy process.16, 19A
Analyzes the case of cancellation of savings.16, 9A
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

OrderSubjectsPreliminary Work
1Subject of Bankruptcy, Types of Tracking Systems and TrackingThe student reads the "General Information About Enforcement Law" section in the references books.
2Enforcement OrganizationThe student reads the "Enforcement Organization" section in the references books.
3Legal 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.
4Request for Pursuit by General Seizure - Payment OrderThe 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.
5Objection to Payment Order in Proceedings through General SeizurThe 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.
6Negative Declaratory Action and Action of TroverThe student reads the "Negative Declaratory Action and Action of Trover" section in the references books.
7Participation in Seizure and SalesThe student reads the "Participation in Seizure and Sales" section in the references books.
8Sales and Division of MoneyThe student reads the "Sales and Division of Money" section in the references books.
9Pursuit by Converting Bills of Exchange into CashThe student reads the "Pursuit by Converting Bills of Exchange into Cash" section in the references books.
10Evacuation of Leased Real Estate Without JudgmentThe student reads the "Evacuation of Leased Real Estate Without Judgment" section in the references books.
11Execution of JudmentsThe student reads the "Execution of Judments" section in the references books.
12Pursuit with or without Judgment through Conversion of Pledge into MoneyThe student reads the "Pursuit with or without Judgment through Conversion of Pledge into Money" section in the references books.
13General Information Regarding BankruptcyThe student reads the "General Information Regarding Bankruptcy" section in the references books.
14Bankruptcy Procedures and General Bankruptcy ProcedureThe student reads the "Bankruptcy Procedures and General Bankruptcy Procedure"section in the references books.
15Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of ExchangeThe student reads the "Bankruptcy Procedures and Bankruptcy Procedure Based on Bills of Exchange" section in the references books.
16Bankruptcy Procedures and Direct Reasons for BankruptcyThe student reads the "Bankruptcy Procedures and Direct Reasons for Bankruptcy" in the references books.
17Legal Consequences of BankruptcyThe student reads the "Legal Consequences of Bankruptcy" section in the references books.
18Legal Consequences of Bankruptcy for creditorThe student reads the "Legal Consequences of Bankruptcy for creditor" in the references books.
19Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy OfficeThe student reads the "Authorities of Bankruptcy - Establishment and Administration of the Bankruptcy Office" section in the references books.
20 Consequenses of BankrupctyThe student reads the " Consequenses of Bankrupcty" section in the references books.
21Administration of the Bankruptcy Estate - Second Meeting of CreditorsThe student reads the "Administration of the Bankruptcy Estate - Second Meeting of Creditors" section in the references books.
22Conversion to Cash and Distribution of Money in BankruptcyThe student reads the "Conversion to Cash and Distribution of Money in Bankruptcy" section in the references books.
23Closing of Bankruptcy - Issuance of Certificate of Insolvency in BankruptcyThe student reads the "Closing of Bankruptcy - Issuance of Certificate of Insolvency in Bankruptcy"section in the references books.
24 General information of concordatThe student reads the " General information of concordat" section in the references books.
25Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval DecisionThe student reads the " Temporary and Final Expiration Decision in Concordat - Approval of Concordat and Results of the Approval Decision"section in the references books.
26Restructuring of Capital Companies through ConsensusThe student reads the "Restructuring of Capital Companies through Consensus" section in the references books.
27Case for Cancellation of SavingsThe student reads the "Case for Cancellation of Savings" section in the references books.
28Crimes of EnforcementThe 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
NoProgram QualificationContribution Level
12345
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 LevelRelative Evaluation
Rate of Midterm Exam to Success 40
Rate of Final Exam to Success 60
Total 100

Numerical Data

Student Success

Ekleme Tarihi: 05/10/2023 - 11:30Son Güncelleme Tarihi: 05/10/2023 - 11:31