| LAW | |||||
| Bachelor | TR-NQF-HE: Level 6 | QF-EHEA: First Cycle | EQF-LLL: Level 6 | ||
| Course Code | Course Name | Semester | Theoretical | Practical | Credit | ECTS |
| LAW1131 | Civil Law I | Fall | 2 | 2 | 3 | 7 |
| 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. ÖZ SEÇER Dr. Öğr. Üyesi ZAFER KAHRAMAN Assoc. Prof. ASLI MAKARACI BAŞAK Assoc. Prof. SEDA ÖKTEM ÇEVİK Dr. Öğr. Üyesi GÜLEN SİNEM TEK Prof. Dr. KADİR EMRE GÖKYAYLA |
| Recommended Optional Program Components: | None |
| Course Objectives: | To convey to students general concepts of Civil Law and Law of Persons in consideration of Supreme Court's jurisprence. |
|
The students who have succeeded in this course; I. He detects the area of Civil Law between other legal branches. II. He determines resources of Civil Law and it's application. III. He defines the concept of right and its varieties. IV. He detects the role of Bona Fides and Good Faith concepts. V. He defines the concept of personality, the real and legal persons, the rights and legal capacity; analyzes issues regarding the protection of personality. VI. At the end of the course, a successful student is aware of fundamental concepts of the Civil Law and evaluates application issues of these. |
| Week 1: What is the subject of civil law? Turkish and Swiss civil law, legalization movement. Sources of Law. Laws, rules, regulations Week 2: Law enforcement (and plain meaning of the law as opposed to the implementation, interpretation methods, types of holes in the law, and hole types) Week 3: custom law, creation of law by the judge, the role of doctrine and the court of appeals decisions in civil law, the basic concepts of civil law: Introduction to the types of rights Week 4: The concept of right. Types of rights. Property rights and individual rights. Absolute and relative rights. Types of absolute rights: real rights (rights in rem). Week 5: Personal easements (servitudes), easements depending on dominant land. Practical results arising from the distinction of real-personal rights. Strengthening of personal rights, notice in land register. Week 6: Right holders. The acquisition and loss of rights. Goodfaith protection, Bona fides rule Week 7: General review before Midterm Week 8: Midterm Week 9: Rights holders: persons and legal entities. The beginning and end of personality Week 10: Proof of health and death, presumption of death and absence Week 11: Capacity to acquire rights, Capacity to act and its limitations, the classification of individuals in terms of capacity to act. Week 12: the person's name. Kinship, place of residence, registries of personal status Week 13: Protection of personality and remedies Week 14: The concept of a legal entity, conditions of its acquisition, associations and foundations 15. Week: General review before final exam. 16.Hafta: Final Exam |
| Week | Subject | Related Preparation |
| 1) | Week 1: What is the subject of civil law? Turkish and Swiss civil law, legalization movement. Sources of Law. Laws, rules, regulations | |
| 2) | Week 2: Law enforcement (and plain meaning of the law as opposed to the implementation, interpretation methods, types of holes in the law, and hole types) | |
| 3) | Week 3: custom law, creation of law by the judge, the role of doctrine and the court of appeals decisions in civil law, the basic concepts of civil law: Introduction to the types of rights | |
| 4) | Week 4: The concept of right. Types of rights. Property rights and individual rights. Absolute and relative rights. Types of absolute rights: real rights (rights in rem). | |
| 5) | Week 5: Personal easements (servitudes), easements depending on dominant land. Practical results arising from the distinction of real-personal rights. Strengthening of personal rights, notice in land register. | |
| 6) | Week 6: Right holders. The acquisition and loss of rights. | |
| 7) | Week 7: Goodfaith protection, Bona fides rule | |
| 8) | Week 8: Review | |
| 9) | Week 9: Rights holders: persons and legal entities. The beginning and end of personality | |
| 10) | Week 10: Proof of health and death, presumption of death and absence | |
| 11) | Week 11: Capacity to acquire rights, Capacity to act and its limitations, the classification of individuals in terms of capacity to act. | |
| 12) | Week 12: the person's name. Kinship, place of residence, registries of personal status | |
| 13) | Week 13: Protection of personality and remedies | |
| 14) | Week 14: The concept of a legal entity, conditions of its acquisition, associations and foundations |
| Course Notes / Textbooks: | Yok/None |
| References: | M. Kemal Oğuzman/ Nami Barlas, Medeni Hukuk, 17. Bası, İstanbul, 2011 M. Kemal Oğuzman/ Özer Seliçi/ Saibe Oktay Özdemir, Kişiler Hukuku, 10. Bası, İstanbul, 2010 |
| 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 | Workload |
| Course Hours | 16 | 64 |
| Study Hours Out of Class | 14 | 28 |
| Homework Assignments | 4 | 16 |
| Midterms | 2 | 20 |
| Final | 2 | 30 |
| Total Workload | 158 | |
| 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. | 5 |
| 2) | Have the knowledge of legal methodology and methods of comment. | 5 |
| 3) | Comment the modern legal gains with the historical knowledge. | 5 |
| 4) | Have the knowledge of philosophical currents of thought which are the bases of legal rules. | 4 |
| 5) | Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them. | 4 |
| 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. | 3 |
| 8) | Have the knowledge of the political and juridical foundation of the state. | 4 |
| 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. | 3 |
| 10) | Have the ability to resolve the disagreements which can violate the social order in national or international level. | 5 |
| 11) | Have the ability to prevent the juridical disagreements between individuals. | 4 |
| 12) | Have the knowledge of international and comparative law systems. | 4 |
| 13) | Have the knowledge of the construction and the conduct of the national and international commercial relations. | 3 |
| 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. | |
| 17) | Have the knowledge on juridical regulations and applications related to economical and financial mechanisms. | 3 |
| 18) | Have the knowledge of the operation of the national and the international judicial bodies. | 4 |