| LAW | |||||
| Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 | ||
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| LAW2132 | General Provisions of Obligations Law II | Spring | 2 | 2 | 3 | 4 |
| Language of instruction: | Turkish |
| Type of course: | Must Course |
| Course Level: | Bachelor’s Degree (First Cycle) |
| Mode of Delivery: | Face to face |
| Course Coordinator : | Prof. Dr. KADİR EMRE GÖKYAYLA |
| Course Lecturer(s): |
Assoc. Prof. SEDA ÖKTEM ÇEVİK Dr. Öğr. Üyesi ZAFER KAHRAMAN Dr. Öğr. Üyesi AHU AYANOĞLU Prof. Dr. KADİR EMRE GÖKYAYLA Assoc. Prof. ASLI MAKARACI BAŞAK Assoc. Prof. ÖZ SEÇER Dr. Öğr. Üyesi GÜLEN SİNEM TEK |
| Recommended Optional Program Components: | None |
| Course Objectives: | As a result of theoretical lessons and practical exercises, students who have acquired basic knowledge of law of obligations provide themselves knowledge and skills related to solving the problems faced by using this information. |
|
The students who have succeeded in this course; I. Determines the problems related to subject, place and time of performance and, identifies and solves the legal problem by using information . II. Distinguishes the non performance situations and applies the provisions of non performance to related case.. III. Determines the extinction of the debt in the related case by using the knowledge related to extinction of the debt. . IV. Distunguishes the guarentee of performance by third party and contracts conferring rights on third parties. V. Applies the provisions of Joint obligations and several creditors to the related case. VI. Distiunguishes the conditional obligation, Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties. VII. Determines elements of Assignment of Claims and Assumption of Debt and applies their provisions to the related case. VIII. Distunguishes the differences between the participation in debt, the transfer of contract and Assignment of assets or a business with assets and liabilities and solves the problems. |
| Week 1: The role of debtor and creditor in performance, in general subject of performance in general 2. Week: The subject of performance, the characteristics of certain acts, time and place of performance execution time, the place of execution Week 3: The measures ensuring the proof of performance and the performance in bilateral contracts. Week 4: Default of obligee, delay in performance and the default of obligor Week 5: Failure to perform, the concept of culpa in contrahendo Week 6: The results of non performance Week 7: Results of default of obligor Week 8: Extinction of Obligations Week 9: Midterm Week Week 10: the guarentee of performance by third party, contracts conferring rights on third parties Week 11: Joint obligations and several creditors Week 12: Conditional obligation, Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties. Week 13: , Assignment of Claims and Assumption of Debt, participation in debt, 14. Week: The transfer of the contract,assignment of assets or a business with assets and liabilities. 15. Week: General Practice 16. Week: Final Exam |
| Week | Subject | Related Preparation |
| 1) | The role of debtor and creditor in performance, subject of performance in general | |
| 2) | The subject of performance, the characteristics of certain acts, time and place of performance | |
| 3) | The measures ensuring the proof of performance and the performance in bilateral contracts. | |
| 4) | Default of obligee, delay in performance and the default of obligor | |
| 5) | Failure to perform, the concept of culpa in contrahendo | |
| 6) | The results of non performance | |
| 7) | Results of the default of obligor | |
| 8) | The Extinction of obligations | |
| 9) | The guarentee of performance by third party, contracts conferring rights on third parties | |
| 10) | Joint obligations and several creditors | |
| 11) | Conditional obligation, Earnest Money, Forfeit Money, Salary Deductions and Contractual Penalties. | |
| 12) | Assignment of Claims and Assumption of Debt, participation in debt, | |
| 13) | The transfer of the contract,assignment of assets or a business with assets and liabilities | |
| 14) | Case Study |
| Course Notes / Textbooks: | Yok/None |
| References: | - M.Kemal Oğuzman/M.Turgut Öz, Borçlar Hukuku Genel Hükümler, İstanbul 2023. - M.Turgut Öz, Yeni Borçlar Kanunu’nun Getirdiği Başlıca Değişiklik ve Yenilikler, İstanbul 2012. - Necip Kocayusufpaşaoğlu, Borçlar Hukuku Genel Bölüm I (Borçlar Hukukuna Giriş, Hukuki İşlem, Sözleşme), İstanbul 2008. - M.Kemal Oğuzman/M. Turgut Öz, 6098 Sayılı Yeni Türk Borçlar Kanunu’nuna göre Borçlar Hukuku Genel Hükümler (Cilt 1), İstanbul 2023 - Haluk Nomer, Borçlar Hukuku Genel Hükümler, İstanbul 2023. |
| Semester Requirements | Number of Activities | Level of Contribution |
| Midterms | 1 | % 40 |
| Final | 1 | % 60 |
| Total | % 100 | |
| PERCENTAGE OF SEMESTER WORK | % 40 | |
| PERCENTAGE OF FINAL WORK | % 60 | |
| Total | % 100 | |
| Activities | Number of Activities | Duration (Hours) | Workload |
| Course Hours | 14 | 4 | 56 |
| Study Hours Out of Class | 14 | 1 | 14 |
| Midterms | 1 | 10 | 10 |
| Final | 1 | 20 | 20 |
| Total Workload | 100 | ||
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | List the relations between concepts and institutions related to various legal disciplines and this concepts and institutions. | 3 |
| 2) | Have the knowledge of legal methodology and methods of comment. | 3 |
| 3) | Comment the modern legal gains with the historical knowledge. | 3 |
| 4) | Have the knowledge of philosophical currents of thought which are the bases of legal rules. | 3 |
| 5) | Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. | 5 |
| 6) | Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine. | 5 |
| 7) | Use at least one foreign language as scientific language. | 5 |
| 8) | Have the knowledge of the political and juridical foundation of the state. | |
| 9) | Have the knowledge of the historical development of the rights of individuals and societies and of the basic documents which are accepted throughout this development. | |
| 10) | Have the ability to resolve the disagreements which can violate the social order in national or international level. | |
| 11) | Have the ability to prevent the juridical disagreements between individuals. | 5 |
| 12) | Have the knowledge of international and comparative law systems. | 5 |
| 13) | Have the knowledge of the construction and the conduct of the national and international commercial relations. | 5 |
| 14) | Use Turkish in an efficient way both verbal and written. | 5 |
| 15) | Have the professional and ethical responsibility. | 5 |
| 16) | Have the knowledge on the European Union’s legislation and institutions. | 4 |
| 17) | Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. | 5 |
| 18) | Have the knowledge of the operation of the national and the international judicial bodies. | 3 |