HUK6003 Atypical ContractsBahçeşehir UniversityDegree Programs PRIVATE LAW (TURKISH, PHD)General Information For StudentsDiploma SupplementErasmus Policy StatementNational QualificationsBologna Commission
PRIVATE LAW (TURKISH, PHD)
PhD TR-NQF-HE: Level 8 QF-EHEA: Third Cycle EQF-LLL: Level 8

Course Introduction and Application Information

Course Code Course Name Semester Theoretical Practical Credit ECTS
HUK6003 Atypical Contracts Fall 3 0 3 12
This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester.

Basic information

Language of instruction: Turkish
Type of course: Departmental Elective
Course Level:
Mode of Delivery: Face to face
Course Coordinator : Prof. Dr. KADİR EMRE GÖKYAYLA
Course Lecturer(s): Assoc. Prof. ASLI MAKARACI BAŞAK
Recommended Optional Program Components: None.
Course Objectives: Turkish system of the Law of Obligations is based on freedom of contract. As a result, parties can conclude a convention held in the Code of Obligations as well as they can conclude a contract which is not disposed in the Code of Obligations. Contracts which are not regulated in the Code are referred as atypical contracts. This course will examine some atypical contracts exemples. It is important to determine which provisions of the Code of Obligations will be applied to atypical contracts. In this course, provisions to be applied will be discussed and it will be focused on the examples of atypical contracts frequently encountered.

Learning Outcomes

The students who have succeeded in this course;
1. Recognize atypical contracts.
2. Examine the types of atypical contracts.
3. Analyze, which provisions of the Code of Obligations will be applied to atypical contracts.

Course Content

1. Concepts of typical - atypical contract and the principle of freedom of contract.
2. Classification of atypical contracts.
3. Concept of mixed contracts.
4. Concept of compound contracts.
5. Sui generis contracts.
6. Provisions to be applied to atypical contracts.
7. Examples of mixed contracts, in particular the contract of construction against land share.
8. Examples of compound contracts.
9. Examples of sui generis contracts.
10. Arbitration agreement.
11. Peace agreement.
12. Contract of guarantee.
13. Exclusive distributorship agreement.
14. Leave the for sale agreement.

Weekly Detailed Course Contents

Week Subject Related Preparation
1) Concepts of typical - atypical contract and the principle of freedom of contract. None
2) Classification of atypical contracts. None
3) Concept of mixed contracts. None
4) Concept of compound contracts. None
5) Sui generis contracts. None
6) Provisions to be applied to atypical contracts. None
7) Examples of mixed contracts, in particular the contract of construction against land share. None
8) Examples of compound contracts. None
9) Examples of sui generis contracts. None
10) Arbitration agreement. None
11) Peace agreement. None
12) Contract of guarantee. None
13) Exclusive distributorship agreement. None
14) Leave the for sale agreement. None

Sources

Course Notes / Textbooks: Yok / None.
References: Tüm Borçlar Hukuku Özel Hükümler kitapları / All the Turkish Obligations Law books (Special Provisions)

Evaluation System

Semester Requirements Number of Activities Level of Contribution
Attendance 1 % 10
Presentation 1 % 30
Final 1 % 60
Total % 100
PERCENTAGE OF SEMESTER WORK % 40
PERCENTAGE OF FINAL WORK % 60
Total % 100

ECTS / Workload Table

Activities Number of Activities Duration (Hours) Workload
Course Hours 14 3 42
Study Hours Out of Class 14 4 56
Presentations / Seminar 14 5 70
Final 1 7 7
Total Workload 175

Contribution of Learning Outcomes to Programme Outcomes

No Effect 1 Lowest 2 Low 3 Average 4 High 5 Highest
           
Program Outcomes Level of Contribution