Course Detail
Course Detail
Course Description
| Course | Code | Semester | T+P (Hour) | Credit | ECTS |
|---|---|---|---|---|---|
| INTERNATIONAL PRIVATE LAW | HUK4012256 | Yearly | 8+0 | 8 | 8 |
| Course Program | Salı 15:30-16:15 Salı 16:30-17:15 Çarşamba 09:00-09:45 Çarşamba 10:00-10:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. İlhan YILMAZ |
| Name of Lecturer(s) | Prof.Dr. İlhan YILMAZ |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | This course aims to teach the terminology of international private law, which is one of the fundamental subfields of private law, and to provide students with the basic knowledge of foreign law and citizenship law, as well as the resolution of private law disputes with foreign elements. |
| Course Content | This course contains; Introduction to Private International Law,Connecting factors,Renvoi in general,Incidental question,Public Policy and Overriding Mandatory Provisions 6.Week: Applicable law to formal validity,Applicable law to capacity,Applicable Law to prescription,Applicable law to matrimonial matters,Applicable law to succession,Applicable law to property rights,Applicable law to torts,Applicable law to contracts,Applicable law to unjust enrichment,Scope and Objective of Turkish Citizenship Law,Acquiring and losing (expatriation) Turkish Citizenship,Introduction to International Civil Procedure Law,Competence of Turkish Courts and Jurisdictional Immunity,International competence of the Turkish courts,Parallel Litigation (Lis alibi pendens),Choice of Forum Agreements,Choice of Forum Agreements,Recognition and Enforcement of Foreign Judgments,International Arbitration,The General Principles of the Law of Foreigners,Right to work by Foreigners in Turkey,Acquisition of immovable property by a real or legal person foreigner in Turkey,Freedom of Education of Foreigners,Inheritance rights of real and legal person foreigners in Turkey. |
| Course Learning Outcomes | Teaching Methods | Assessment Methods |
| Explains matters of Turkish nationality law. | 10, 13, 16, 6, 9 | A |
| Evaluates the acquisition and loss of Turkish citizenship | 10, 13, 16, 6, 9 | A |
| Interprets matters relating to renvoi and preliminary matter. | 10, 13, 16, 6, 9 | A |
| Interprets the concept of public order in terms of Private International Law. | 10, 13, 16, 6, 9 | A |
| Analyzes the applicable law in disputes with foreign element. | 10, 13, 16, 6, 9 | A |
| Demonstrates the scope and characteristics of the provisions of conflict of law rules. | 10, 13, 16, 6, 9 | A |
| Explains the characteristics and scope of the international procedural law. | 10, 13, 16, 6, 9 | A |
| Determines the competent court in a dispute involving a foreign element. | 10, 13, 16, 6, 9 | A |
| Distinguishes the recognition and enforcement of foreign courts' decisions. | 10, 13, 16, 6, 9 | A |
| Determines the legal status of foreigners living in Türkiye. | 10, 13, 16, 6, 9 | A |
| Explains the legal regulations regarding foreigners' residence, work, and education in Türkiye. | 10, 13, 16, 6, 9 | A |
| Distinguishes the classification of connecting subjects and the interpretation of connecting factors. | 10, 13, 16, 6, 9 | A |
| Defines the terms lex fori and lex causae. | 10, 13, 16, 6, 9 | A |
| Reviews international agreements in the field of private international law, that Türkiye is a contracting party. | 10, 13, 16, 6, 9 | A |
| Applies international arbitration rules. | 10, 13, 16, 6, 9 | A |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to Private International Law | Sources related to the subject should be read. |
| 2 | Connecting factors | Judicial decisions on the subject should be read. |
| 3 | Renvoi in general | Judicial decisions on the subject should be read. |
| 4 | Incidental question | Sources related to the subject should be read. |
| 5 | Public Policy and Overriding Mandatory Provisions 6.Week: Applicable law to formal validity | Sources related to the subject should be read. |
| 6 | Applicable law to capacity | Sources related to the subject should be read. |
| 7 | Applicable Law to prescription | Judicial decisions on the subject should be read. |
| 8 | Applicable law to matrimonial matters | Sources related to the subject should be read. |
| 9 | Applicable law to succession | Judicial decisions on the subject should be read. |
| 10 | Applicable law to property rights | Judicial decisions on the subject should be read. |
| 11 | Applicable law to torts | Sources related to the subject should be read. |
| 12 | Applicable law to contracts | Judicial decisions on the subject should be read. |
| 13 | Applicable law to unjust enrichment | Judicial decisions on the subject should be read. |
| 14 | Scope and Objective of Turkish Citizenship Law | Sources related to the subject should be read. |
| 15 | Acquiring and losing (expatriation) Turkish Citizenship | Sources related to the subject should be read. |
| 16 | Introduction to International Civil Procedure Law | Sources related to the subject should be read. |
| 17 | Competence of Turkish Courts and Jurisdictional Immunity | Sources related to the subject should be read. |
| 18 | International competence of the Turkish courts | Sources related to the subject should be read. |
| 19 | Parallel Litigation (Lis alibi pendens) | Sources related to the subject should be read. |
| 20 | Choice of Forum Agreements | Judicial decisions on the subject should be read. |
| 21 | Choice of Forum Agreements | Judicial decisions on the subject should be read. |
| 22 | Recognition and Enforcement of Foreign Judgments | Judicial decisions on the subject should be read. |
| 23 | International Arbitration | Tribunal decisions on the subject should be read. |
| 24 | The General Principles of the Law of Foreigners | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 62-77 |
| 25 | Right to work by Foreigners in Turkey | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 178-228 |
| 26 | Acquisition of immovable property by a real or legal person foreigner in Turkey | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 308-330 |
| 27 | Freedom of Education of Foreigners | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 296-308 |
| 28 | Inheritance rights of real and legal person foreigners in Turkey | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 331-342 |
| Resources |
| Sibel Özel, Mustafa Erkan, Hatice Selin Pürselim, Hüseyin Akif Karaca, Milletlerarası Özel Hukuk, 3rd Edition, 2024, Onikilevha; Cemal Şanlı, Emre Esen, İnci Ataman Figanmeşe, Milletlerarası Özel Hukuk, 11th Edition, 2024, Beta Publishing, Aysel Çelikel, Bahadır Erdem, Milletlerarası Özel Hukuk, 18th Edition, 2024, Beta Publishing; Ergin Nomer, Devletler Hususi Hukuku, 23rd Edition, 2021, Beta Publishing |
| Ergin Nomer, Türk Vatandaşlık Hukuku, 32nd Edition, 2024, Filiz Kitabevi Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 28th Edition, 2024, Beta Publishing |
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. | ||||||
| 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. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 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 | 5 | 1 | 5 | |||
| 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 | 45 | 45 | |||
| General Exam | 1 | 70 | 70 | |||
| Performance Task, Maintenance Plan | 0 | 0 | 0 | |||
| Total Workload(Hour) | 232 | |||||
| Dersin AKTS Kredisi = Toplam İş Yükü (Saat)/30*=(232/30) | 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 |
|---|---|---|---|---|---|
| INTERNATIONAL PRIVATE LAW | HUK4012256 | Yearly | 8+0 | 8 | 8 |
| Course Program | Salı 15:30-16:15 Salı 16:30-17:15 Çarşamba 09:00-09:45 Çarşamba 10:00-10:45 |
| Prerequisites Courses | |
| Recommended Elective Courses |
| Language of Course | Turkish |
| Course Level | First Cycle (Bachelor's Degree) |
| Course Type | Required |
| Course Coordinator | Prof.Dr. İlhan YILMAZ |
| Name of Lecturer(s) | Prof.Dr. İlhan YILMAZ |
| Assistant(s) | Research Assistant Merve İLDAN, Research Assistant Yağmur ASLAN |
| Aim | This course aims to teach the terminology of international private law, which is one of the fundamental subfields of private law, and to provide students with the basic knowledge of foreign law and citizenship law, as well as the resolution of private law disputes with foreign elements. |
| Course Content | This course contains; Introduction to Private International Law,Connecting factors,Renvoi in general,Incidental question,Public Policy and Overriding Mandatory Provisions 6.Week: Applicable law to formal validity,Applicable law to capacity,Applicable Law to prescription,Applicable law to matrimonial matters,Applicable law to succession,Applicable law to property rights,Applicable law to torts,Applicable law to contracts,Applicable law to unjust enrichment,Scope and Objective of Turkish Citizenship Law,Acquiring and losing (expatriation) Turkish Citizenship,Introduction to International Civil Procedure Law,Competence of Turkish Courts and Jurisdictional Immunity,International competence of the Turkish courts,Parallel Litigation (Lis alibi pendens),Choice of Forum Agreements,Choice of Forum Agreements,Recognition and Enforcement of Foreign Judgments,International Arbitration,The General Principles of the Law of Foreigners,Right to work by Foreigners in Turkey,Acquisition of immovable property by a real or legal person foreigner in Turkey,Freedom of Education of Foreigners,Inheritance rights of real and legal person foreigners in Turkey. |
| Course Learning Outcomes | Teaching Methods | Assessment Methods |
| Explains matters of Turkish nationality law. | 10, 13, 16, 6, 9 | A |
| Evaluates the acquisition and loss of Turkish citizenship | 10, 13, 16, 6, 9 | A |
| Interprets matters relating to renvoi and preliminary matter. | 10, 13, 16, 6, 9 | A |
| Interprets the concept of public order in terms of Private International Law. | 10, 13, 16, 6, 9 | A |
| Analyzes the applicable law in disputes with foreign element. | 10, 13, 16, 6, 9 | A |
| Demonstrates the scope and characteristics of the provisions of conflict of law rules. | 10, 13, 16, 6, 9 | A |
| Explains the characteristics and scope of the international procedural law. | 10, 13, 16, 6, 9 | A |
| Determines the competent court in a dispute involving a foreign element. | 10, 13, 16, 6, 9 | A |
| Distinguishes the recognition and enforcement of foreign courts' decisions. | 10, 13, 16, 6, 9 | A |
| Determines the legal status of foreigners living in Türkiye. | 10, 13, 16, 6, 9 | A |
| Explains the legal regulations regarding foreigners' residence, work, and education in Türkiye. | 10, 13, 16, 6, 9 | A |
| Distinguishes the classification of connecting subjects and the interpretation of connecting factors. | 10, 13, 16, 6, 9 | A |
| Defines the terms lex fori and lex causae. | 10, 13, 16, 6, 9 | A |
| Reviews international agreements in the field of private international law, that Türkiye is a contracting party. | 10, 13, 16, 6, 9 | A |
| Applies international arbitration rules. | 10, 13, 16, 6, 9 | A |
| Teaching Methods: | 10: Discussion Method, 13: Case Study Method, 16: Question - Answer Technique, 6: Experiential Learning, 9: Lecture Method |
| Assessment Methods: | A: Traditional Written Exam |
Course Outline
| Order | Subjects | Preliminary Work |
|---|---|---|
| 1 | Introduction to Private International Law | Sources related to the subject should be read. |
| 2 | Connecting factors | Judicial decisions on the subject should be read. |
| 3 | Renvoi in general | Judicial decisions on the subject should be read. |
| 4 | Incidental question | Sources related to the subject should be read. |
| 5 | Public Policy and Overriding Mandatory Provisions 6.Week: Applicable law to formal validity | Sources related to the subject should be read. |
| 6 | Applicable law to capacity | Sources related to the subject should be read. |
| 7 | Applicable Law to prescription | Judicial decisions on the subject should be read. |
| 8 | Applicable law to matrimonial matters | Sources related to the subject should be read. |
| 9 | Applicable law to succession | Judicial decisions on the subject should be read. |
| 10 | Applicable law to property rights | Judicial decisions on the subject should be read. |
| 11 | Applicable law to torts | Sources related to the subject should be read. |
| 12 | Applicable law to contracts | Judicial decisions on the subject should be read. |
| 13 | Applicable law to unjust enrichment | Judicial decisions on the subject should be read. |
| 14 | Scope and Objective of Turkish Citizenship Law | Sources related to the subject should be read. |
| 15 | Acquiring and losing (expatriation) Turkish Citizenship | Sources related to the subject should be read. |
| 16 | Introduction to International Civil Procedure Law | Sources related to the subject should be read. |
| 17 | Competence of Turkish Courts and Jurisdictional Immunity | Sources related to the subject should be read. |
| 18 | International competence of the Turkish courts | Sources related to the subject should be read. |
| 19 | Parallel Litigation (Lis alibi pendens) | Sources related to the subject should be read. |
| 20 | Choice of Forum Agreements | Judicial decisions on the subject should be read. |
| 21 | Choice of Forum Agreements | Judicial decisions on the subject should be read. |
| 22 | Recognition and Enforcement of Foreign Judgments | Judicial decisions on the subject should be read. |
| 23 | International Arbitration | Tribunal decisions on the subject should be read. |
| 24 | The General Principles of the Law of Foreigners | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 62-77 |
| 25 | Right to work by Foreigners in Turkey | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 178-228 |
| 26 | Acquisition of immovable property by a real or legal person foreigner in Turkey | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 308-330 |
| 27 | Freedom of Education of Foreigners | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 296-308 |
| 28 | Inheritance rights of real and legal person foreigners in Turkey | Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 27th Edition, 2022, s. 331-342 |
| Resources |
| Sibel Özel, Mustafa Erkan, Hatice Selin Pürselim, Hüseyin Akif Karaca, Milletlerarası Özel Hukuk, 3rd Edition, 2024, Onikilevha; Cemal Şanlı, Emre Esen, İnci Ataman Figanmeşe, Milletlerarası Özel Hukuk, 11th Edition, 2024, Beta Publishing, Aysel Çelikel, Bahadır Erdem, Milletlerarası Özel Hukuk, 18th Edition, 2024, Beta Publishing; Ergin Nomer, Devletler Hususi Hukuku, 23rd Edition, 2021, Beta Publishing |
| Ergin Nomer, Türk Vatandaşlık Hukuku, 32nd Edition, 2024, Filiz Kitabevi Aysel Çelikel, Günseli (Öztekin) Gelgel, Yabancılar Hukuku, 28th Edition, 2024, Beta Publishing |
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. | ||||||
| 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. | ||||||
| 15 | 15. Know a foreign language at the level of following international developments and communicating with other lawyers worldwide. | ||||||
| 16 | 16. Plan professional projects and activities and implement them with sense of social responsibility. | ||||||
| 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 | |