| PRIVATE LAW (TURKISH, PHD) | |||||
| PhD | TR-NQF-HE: Level 8 | QF-EHEA: Third Cycle | EQF-LLL: Level 8 | ||
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| HUK6012 | Rental Agreement | Fall Spring |
3 | 0 | 3 | 12 |
| This catalog is for information purposes. Course status is determined by the relevant department at the beginning of semester. |
| Language of instruction: | Turkish |
| Type of course: | Departmental Elective |
| Course Level: | |
| Mode of Delivery: | Face to face |
| Course Coordinator : | Prof. Dr. SEDA ÖKTEM ÇEVİK |
| Course Lecturer(s): |
Prof. Dr. ASLI MAKARACI BAŞAK Prof. Dr. SEDA ÖKTEM ÇEVİK |
| Recommended Optional Program Components: | None. |
| Course Objectives: | The course objective is to analyze the conclusion, the provisions and the termination of the lease agreement, with an emphasis on the differences of 818 numbered Code of Obligations, 6570 numbered Code on Real Estate Leases and 6098 numbered Turkish Code of Obligations. |
|
The students who have succeeded in this course; I. Determines in general the novelties brought by 6098 numbered Turkish Code of Obligations and establishes relationship between these novelties and the lease agreement. II. Determines the rights and obligations of parties of the lease agreement; and evaluates the results of the violation of the contract. III. Analyses the status of the lessee and the lessor to third parties. IV. Examines the expiration of the lease agreement and the system of evacuation by drawing a distinction between the different types of the lease agreement. V. Evaluates within the framework of the 6098 numbered Turkish Code of Obligations the application domaine of the lease agreement concerning the terms. |
| 1. Introduction to the general provisions of the Turkish Code of Obligations 2. Introduction to the special provisions of the Turkish Code of Obligations 3. Debts of the lessor and the results of violation of these debts. 4. Debts of the lessee and the results of violation of these debts. 5. Sub-Lease and Transfer of Right to Use 6. Transfer of the lease agreement and The Return of the agreement before the end of the Rental Contract Period 7. Termination and the results of termination of the lease agreement with a notice and for good reasons within the framework of general provisions. 8. Application domaine of the roofed residential and commercial lease contracts and new dispositions of the Turkish Code of Obligations related to the protection of the lessee. 9. Lessee's insurance liability and determination of the rental price at the roofed residential and commercial lease contracts. 10. Termination of the roofed residential and commercial lease contracts with litigation by reasons arising from the lessee. 11. Termination of the roofed residential and commercial lease contracts with litigation by reasons arising from the lessor. 12. The application domaine of the Turkish Code of Obligations' provisions of the lease agreement concerning the terms. 13. Presentation of supreme court decisions. 14. Presentation of supreme court decisions. |
| Week | Subject | Related Preparation |
| 1) | Presentation of the general provisions of the Turkish Code of Obligations | None |
| 2) | Presentation of the special provisions of the Turkish Code of Obligations | None |
| 3) | Debts of the lessor and the results of violation of these debts | None |
| 4) | Debts of the lessee and the results of violation of these debts | None |
| 5) | Sub-Lease and Transfer of Right to Use | None |
| 6) | Transfer of the lease agreement and The Return of the agreement before the end of the Rental Contract Period | None |
| 7) | Termination and the results of termination of the lease agreement with a notice and for good reasons within the framework of general provisions | None |
| 8) | Application domaine of the roofed residential and commercial lease contracts and new dispositions of the Turkish Code of Obligations related to the protection of the lessee | None |
| 9) | Lessee's insurance liability and determination of the rental price at the roofed residential and commercial lease contracts | None |
| 10) | Termination of the roofed residential and commercial lease contracts with litigation by reasons arising from the lessee | None |
| 11) | Termination of the roofed residential and commercial lease contracts with litigation by reasons arising from the lessor | None |
| 12) | Termination of the roofed residential and commercial lease contracts with litigation by reasons arising from the lessor | None |
| 13) | Presentation of supreme court decisions | None |
| 14) | Presentation of supreme court decisions | None |
| Course Notes / Textbooks: | Yok / None. |
| References: | Alper Gümüş, Yeni 6098 sayılı Türk Borçlar Kanunu'na Göre Kira Sözleşmeleri, 2.bası, Vedat Kitapçılık, 2012. Murat Doğan, Konut ve Çatılı İşyeri Hakkında Kira Sözleşmelerinin Sona Ermesi, Adalet Yayınevi, 2011. Borçlar Hukuku Özel Hükümler Kitapları. |
| Semester Requirements | Number of Activities | Level of Contribution |
| Presentation | 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 | 3 | 42 |
| Study Hours Out of Class | 14 | 14 | 196 |
| Presentations / Seminar | 1 | 55 | 55 |
| Final | 1 | 2 | 2 |
| Total Workload | 295 | ||
| No Effect | 1 Lowest | 2 Low | 3 Average | 4 High | 5 Highest |
| Program Outcomes | Level of Contribution | |
| 1) | Gains advanced theoretical knowledge in the field of private law and is up to date with current developments. | |
| 2) | Evaluates national and international private law norms and their reflections in practice. | |
| 3) | Produces original scientific studies using academic research methods. | |
| 4) | Analyses current problems in practice with scientific methods and produces legal solutions. | |
| 5) | Develops different perspectives on current problems in the field of private law by making interdisciplinary studies. | |
| 6) | Effectively conveys knowledge and developments in the field through both written and oral communication in academic and professional settings. | |
| 7) | Effectively communicates with national and international academic environments and participates in scientific meetings. | |
| 8) | Contributes to scientific discussions by evaluating different views and approaches within the framework of respect. | |
| 9) | Develops an approach that encourages continuous learning in the field of private law. | |
| 10) | Plans and manages the academic and professional development process independently. | |
| 11) | Stays up-to-date by evaluating new information and developments from a critical point of view. | |
| 12) | Acts within the framework of ethical rules specific to the field of private law. | |
| 13) | Produces legal solutions in accordance with national and international legal regulations. | |
| 14) | Develops practical suggestions by analysing judicial decisions and legislative changes. | |
| 15) | Contributes to the scientific literature by making original studies in the field of private law. | |
| 16) | Plans and conducts original researches related to the field independently. | |
| 17) | Leads academic or professional projects and manage teamwork. | |
| 18) | Assumes responsibility and takes initiative in solving complex legal problems within the field. |