Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| CIVIL PROCEDURE LAW | HUK3014330 | Yearly | 8+0 | 8 | 8 |
| Course Program | Salı 11:00-11:45 Salı 12:00-12:45 Çarşamba 11:00-11:45 Çarşamba 12:00-12:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE |
| Assistant(s) | Research Assistant M. Ceren Erdem- Research Assistant Esma Hande Boztosun Bozkurt |
| Aim | Throughout the year, the civil courts structure, the trial, the status of the plaintiff and defendant, procedure of filling a lawsuit, procedure of representation before the courts, the duties of judges, procedure of the evidence submission, judgment and appeal procedures and alternative dispute resolutions especially arbitration shall be explored in the light of theoretical knowledge and related legislation. |
| Course Content | This course contains; The Purpose of Civil Procedural Law and Types of Judgement,Judgement& Civil Courts- Jurisdiction ,Article of Jurisdiction,Procedural Actions and Parties,Intervention in Litigation - Principles Governing Civil Litigation,Conditions of Lawsuit- Types of Lawsuits- Filing of the Lawsuit-,Defences, Responses, Obejctions,Preliminary Examination,Investigation Phase,Concepts Related to the Law of Evidence,Definitive Evidence - Deed - Oath,Discretionary Evidence - Witness - Expert - Viewing - Expert Opinion,Res Judicata,Legal Expenses,Party Procedural Procedures Terminating the Case (Settlement-Acceptance-Release),Simple Trial Procedure,Legal Aid,Characteristics and Classification of Legal Remedies,Court of Appeal,Appeal in terms of HMK,Extraordinary Remedies (Reversal of Judgement),Characteristics of Temporary Legal Protections,Temporary Legal Measures (Interim Injunction),Temporary Legal Measures,Arbitration Proceedings,Alternative Dispute Resolution Methods,Individual Application to the Constitutional Court,Ex Parte Prooceding. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 11.Classifies the evidence used in the trial. | 16, 9 | A |
| 1. Lists the types of judiciary and the courts in each type of judiciary. | 16, 9 | A |
| 2. Defines the concept of duty and jurisdiction. | 16, 9 | A |
| 3. Counts the reasons for prohibition and rejection of judges. | 13, 16, 9 | A |
| 4. Defines the concepts of party capacity, litigation capacity, litigation authority and capacity. | 13, 16, 9 | A |
| 5. Distinguish the differences between written and simple trial procedure. | 13, 9 | A |
| 6. Discusses the principles that dominate procedure law. | 10, 19, 9 | A |
| 7. Categorises the types of cases. | 16, 9 | A |
| 8. Compares the characteristics of the petitions filed by the plaintiff and the defendant. | 13, 9 | A |
| 9. Separates the stages of the judgement. | 16, 9 | A |
| 10. Defines the principles that dominate the law of evidence. | 16, 9 | A |
| 12. Evaluates the effects of the judgement. | 13, 9 | A |
| 13. Compares the ordinary and extraordinary legal remedy. | 16, 9 | A |
| 14. List the characteristics of temporary legal protection measures. | 16, 9 | A |
| 15. Describes arbitration proceedings. | 16, 9 | A |
| 16. Subdivides alternative dispute resolution methods. | 16, 9 | A |
| Teaching Methods: | 10: Discussion 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 | The Purpose of Civil Procedural Law and Types of Judgement | The student reads the chapter "The Purpose of Civil Procedural Law and Types of Judgement" from the reference books. |
| 2 | Judgement& Civil Courts- Jurisdiction | The student reads the chapter "Judgement& Civil Courts- Jurisdiction " from the reference books. |
| 3 | Article of Jurisdiction | The student reads the chapter "Article of Jurisdiction" from the reference books. |
| 4 | Procedural Actions and Parties | The student reads the chapter "Procedural Actions-Terms and Parties" from the reference books. |
| 5 | Intervention in Litigation - Principles Governing Civil Litigation | The student reads the chapter "Intervention in Litigation - Principles Governing Civil Litigation" from the reference books. |
| 6 | Conditions of Lawsuit- Types of Lawsuits- Filing of the Lawsuit- | The student reads the chapter "Conditions of Lawsuit- Types of Lawsuits- Filing of the Lawsuit-" from the reference books. |
| 7 | Defences, Responses, Obejctions | The student reads the chapter "response to the lawsuit" from the reference books. |
| 8 | Preliminary Examination | The student reads the chapter "Preliminary Examination" from the reference books. |
| 9 | Investigation Phase | The student reads the chapter "Investigation" from the reference books. |
| 10 | Concepts Related to the Law of Evidence | The student reads the chapter "Proof" from the reference books. |
| 11 | Definitive Evidence - Deed - Oath | The student reads the chapter "Definitive Evidence - Deed - Oath" from the reference books. |
| 12 | Discretionary Evidence - Witness - Expert - Viewing - Expert Opinion | The student reads the chapter "Discretionary Evidence - Witness - Expert - Viewing - Expert Opinion" from the reference books. |
| 13 | Res Judicata | The student reads the chapter "Adjudgement and Res Judicata" from the reference books. |
| 14 | Legal Expenses | The student reads the chapter "Legal Expenses" from the reference books. |
| 15 | Party Procedural Procedures Terminating the Case (Settlement-Acceptance-Release) | The student reads the chapter "Party Procedural Procedures Terminating the Case (Settlement-Acceptance-Release)" from the reference books. |
| 16 | Simple Trial Procedure | The student reads the chapter "Simple Trial Procedure" from the reference books. |
| 17 | Legal Aid | The student reads the chapter "Legal Aid" from the reference books. |
| 18 | Characteristics and Classification of Legal Remedies | The student reads the chapter "Legal Remedies" from the reference books. |
| 19 | Court of Appeal | The student reads the chapter "Court of Appeal" from the reference books. |
| 20 | Appeal in terms of HMK | The student reads the chapter "Court of Appeal" from the reference books. |
| 21 | Extraordinary Remedies (Reversal of Judgement) | The student reads the chapter "Extraordinary Remedies (Reversal of Judgement)" from the reference books. |
| 22 | Characteristics of Temporary Legal Protections | The student reads the chapter "Temporary Legal Measures" from the reference books. |
| 23 | Temporary Legal Measures (Interim Injunction) | The student reads the chapter "Interim Injunction" from the reference books. |
| 24 | Temporary Legal Measures | The student reads the chapter "Temporary Legal Protections" from the reference books. |
| 25 | Arbitration Proceedings | The student reads the chapter "Arbitration" from the reference books. |
| 26 | Alternative Dispute Resolution Methods | The student reads the chapter "Alternative Dispute Resolution Methods" from the reference books. |
| 27 | Individual Application to the Constitutional Court | The student reads the chapter "Individual Application to the Constitutional Court" from the reference books. |
| 28 | Ex Parte Prooceding | The student reads the chapter "Ex Parte Prooceding" from the reference books. |
| Resources |
| Ejder Yılmaz/Ramazan Arslan/Sema Taşpınar Ayvaz/ Emel Hanağası, Medeni Usul Hukuku, 2022 (Güncel Baskı) Ali Cem Budak/Varol Karaaslan, Medeni Usul Hukuku, 2023(Güncel Baskı) Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, 28. Baskı, Ankara, 2014. |
| Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021. Pekcanıtez Usul, Medeni Usul Hukuku (3 Cilt), 2017. |
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 | 40 | 40 | |||
| General Exam | 1 | 80 | 80 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 248 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(248/30) | 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 |
|---|---|---|---|---|---|
| CIVIL PROCEDURE LAW | HUK3014330 | Yearly | 8+0 | 8 | 8 |
| Course Program | Salı 11:00-11:45 Salı 12:00-12:45 Çarşamba 11:00-11:45 Çarşamba 12:00-12:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. Serdar KALE |
| Name of Lecturer(s) | Prof.Dr. Serdar KALE |
| Assistant(s) | Research Assistant M. Ceren Erdem- Research Assistant Esma Hande Boztosun Bozkurt |
| Aim | Throughout the year, the civil courts structure, the trial, the status of the plaintiff and defendant, procedure of filling a lawsuit, procedure of representation before the courts, the duties of judges, procedure of the evidence submission, judgment and appeal procedures and alternative dispute resolutions especially arbitration shall be explored in the light of theoretical knowledge and related legislation. |
| Course Content | This course contains; The Purpose of Civil Procedural Law and Types of Judgement,Judgement& Civil Courts- Jurisdiction ,Article of Jurisdiction,Procedural Actions and Parties,Intervention in Litigation - Principles Governing Civil Litigation,Conditions of Lawsuit- Types of Lawsuits- Filing of the Lawsuit-,Defences, Responses, Obejctions,Preliminary Examination,Investigation Phase,Concepts Related to the Law of Evidence,Definitive Evidence - Deed - Oath,Discretionary Evidence - Witness - Expert - Viewing - Expert Opinion,Res Judicata,Legal Expenses,Party Procedural Procedures Terminating the Case (Settlement-Acceptance-Release),Simple Trial Procedure,Legal Aid,Characteristics and Classification of Legal Remedies,Court of Appeal,Appeal in terms of HMK,Extraordinary Remedies (Reversal of Judgement),Characteristics of Temporary Legal Protections,Temporary Legal Measures (Interim Injunction),Temporary Legal Measures,Arbitration Proceedings,Alternative Dispute Resolution Methods,Individual Application to the Constitutional Court,Ex Parte Prooceding. |
| Dersin Öğrenme Kazanımları | Teaching Methods | Assessment Methods |
| 11.Classifies the evidence used in the trial. | 16, 9 | A |
| 1. Lists the types of judiciary and the courts in each type of judiciary. | 16, 9 | A |
| 2. Defines the concept of duty and jurisdiction. | 16, 9 | A |
| 3. Counts the reasons for prohibition and rejection of judges. | 13, 16, 9 | A |
| 4. Defines the concepts of party capacity, litigation capacity, litigation authority and capacity. | 13, 16, 9 | A |
| 5. Distinguish the differences between written and simple trial procedure. | 13, 9 | A |
| 6. Discusses the principles that dominate procedure law. | 10, 19, 9 | A |
| 7. Categorises the types of cases. | 16, 9 | A |
| 8. Compares the characteristics of the petitions filed by the plaintiff and the defendant. | 13, 9 | A |
| 9. Separates the stages of the judgement. | 16, 9 | A |
| 10. Defines the principles that dominate the law of evidence. | 16, 9 | A |
| 12. Evaluates the effects of the judgement. | 13, 9 | A |
| 13. Compares the ordinary and extraordinary legal remedy. | 16, 9 | A |
| 14. List the characteristics of temporary legal protection measures. | 16, 9 | A |
| 15. Describes arbitration proceedings. | 16, 9 | A |
| 16. Subdivides alternative dispute resolution methods. | 16, 9 | A |
| Teaching Methods: | 10: Discussion 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 | The Purpose of Civil Procedural Law and Types of Judgement | The student reads the chapter "The Purpose of Civil Procedural Law and Types of Judgement" from the reference books. |
| 2 | Judgement& Civil Courts- Jurisdiction | The student reads the chapter "Judgement& Civil Courts- Jurisdiction " from the reference books. |
| 3 | Article of Jurisdiction | The student reads the chapter "Article of Jurisdiction" from the reference books. |
| 4 | Procedural Actions and Parties | The student reads the chapter "Procedural Actions-Terms and Parties" from the reference books. |
| 5 | Intervention in Litigation - Principles Governing Civil Litigation | The student reads the chapter "Intervention in Litigation - Principles Governing Civil Litigation" from the reference books. |
| 6 | Conditions of Lawsuit- Types of Lawsuits- Filing of the Lawsuit- | The student reads the chapter "Conditions of Lawsuit- Types of Lawsuits- Filing of the Lawsuit-" from the reference books. |
| 7 | Defences, Responses, Obejctions | The student reads the chapter "response to the lawsuit" from the reference books. |
| 8 | Preliminary Examination | The student reads the chapter "Preliminary Examination" from the reference books. |
| 9 | Investigation Phase | The student reads the chapter "Investigation" from the reference books. |
| 10 | Concepts Related to the Law of Evidence | The student reads the chapter "Proof" from the reference books. |
| 11 | Definitive Evidence - Deed - Oath | The student reads the chapter "Definitive Evidence - Deed - Oath" from the reference books. |
| 12 | Discretionary Evidence - Witness - Expert - Viewing - Expert Opinion | The student reads the chapter "Discretionary Evidence - Witness - Expert - Viewing - Expert Opinion" from the reference books. |
| 13 | Res Judicata | The student reads the chapter "Adjudgement and Res Judicata" from the reference books. |
| 14 | Legal Expenses | The student reads the chapter "Legal Expenses" from the reference books. |
| 15 | Party Procedural Procedures Terminating the Case (Settlement-Acceptance-Release) | The student reads the chapter "Party Procedural Procedures Terminating the Case (Settlement-Acceptance-Release)" from the reference books. |
| 16 | Simple Trial Procedure | The student reads the chapter "Simple Trial Procedure" from the reference books. |
| 17 | Legal Aid | The student reads the chapter "Legal Aid" from the reference books. |
| 18 | Characteristics and Classification of Legal Remedies | The student reads the chapter "Legal Remedies" from the reference books. |
| 19 | Court of Appeal | The student reads the chapter "Court of Appeal" from the reference books. |
| 20 | Appeal in terms of HMK | The student reads the chapter "Court of Appeal" from the reference books. |
| 21 | Extraordinary Remedies (Reversal of Judgement) | The student reads the chapter "Extraordinary Remedies (Reversal of Judgement)" from the reference books. |
| 22 | Characteristics of Temporary Legal Protections | The student reads the chapter "Temporary Legal Measures" from the reference books. |
| 23 | Temporary Legal Measures (Interim Injunction) | The student reads the chapter "Interim Injunction" from the reference books. |
| 24 | Temporary Legal Measures | The student reads the chapter "Temporary Legal Protections" from the reference books. |
| 25 | Arbitration Proceedings | The student reads the chapter "Arbitration" from the reference books. |
| 26 | Alternative Dispute Resolution Methods | The student reads the chapter "Alternative Dispute Resolution Methods" from the reference books. |
| 27 | Individual Application to the Constitutional Court | The student reads the chapter "Individual Application to the Constitutional Court" from the reference books. |
| 28 | Ex Parte Prooceding | The student reads the chapter "Ex Parte Prooceding" from the reference books. |
| Resources |
| Ejder Yılmaz/Ramazan Arslan/Sema Taşpınar Ayvaz/ Emel Hanağası, Medeni Usul Hukuku, 2022 (Güncel Baskı) Ali Cem Budak/Varol Karaaslan, Medeni Usul Hukuku, 2023(Güncel Baskı) Baki KURU/ Ramazan ARSLAN/ Ejder YILMAZ, Medeni Usul Hukuku, Yetkin Yayınları, 28. Baskı, Ankara, 2014. |
| Baki Kuru, Medeni Usul Hukuku El Kitabı(2 Cilt), 2. Baskı, 2021. Pekcanıtez Usul, Medeni Usul Hukuku (3 Cilt), 2017. |
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 | |