LAW3020 Drafting of International Commercial ContractsBahçeşehir UniversityDegree Programs LAWGeneral Information For StudentsDiploma SupplementErasmus Policy StatementNational QualificationsBologna Commission
LAW
Bachelor TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF-LLL: Level 6

Course Introduction and Application Information

Course Code Course Name Semester Theoretical Practical Credit ECTS
LAW3020 Drafting of International Commercial Contracts Spring 0 2 1 4
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: Bachelor’s Degree (First Cycle)
Mode of Delivery: E-Learning
Course Coordinator : Prof. Dr. ERTAN DEMİRKAPI
Course Objectives: Having knowledge about drafting of International Commercial Contracts

Learning Outcomes

The students who have succeeded in this course;
Learn the prevention of disputes at the stage of drafting of international commercial contracts.
Understand the principles regarding the determination of the applicable law to international commercial contracts.
Learn the provisions of the Rome I Regulation and the Unidroit Principles.
Learn the international commercial terms (INCOTERMS)

Course Content

Within the scope of this course, the legal regime to which international commercial contracts are subject, the Rome I Regulation and Unidroit Principles will be examined.

Weekly Detailed Course Contents

Week Subject Related Preparation
1) The Concept of International Commercial Contract in General
2) Principles to be Considered During the Preparation of International Commercial Contracts
3) Determination of the Applicable Law to International Commercial Contracts in accordance with MÖHUK art. 24/1, 2, 3.
4) Determination of the Applicable Law to International Commercial Contracts in accordance with MÖHUK art. 24/4
5) The Applicable Law to the Existence and Validity of Declarations of Will for the Formation of International Commercial Contracts
6) The Applicable Law to the Form of Contract and the Legal Capacity-Overriding Mandatory Rules
7) Representation
8) Midterm Exam
9) Exclusive Distributorship Agreement
10) Franchise Agreement
11) Contract of guaranty
12) Rome I Regulation
13) Unidroit Priniples
14) INCOTERMS

Sources

Course Notes / Textbooks: Ana kaynaklar: Nuray Ekşi, Milletletlerarası Ticaret Hukuku, 2. Bası, Beta Yayınları 2015. Cemal Şanlı, Uluslararası Ticari Akitlerin Hazırlanması ve Uyuşmazlıkların Çözüm Yolları,6. Bası Beta Yayınları 2016. Vahit Doğan, Milletlerarası Ticaret Hukuku, Ankara 2020. Berk Demirkol, Milletlerarası Özel Hukuk ve Usul Hukuku Hakkında Kanun'un 24. Maddesi Çerçevesinde Sözleşmeye Uygulanacak Hukuk, 2. Baskı, İstanbul, 2014; Aslı Bayata Canyaş, Sözleşmeye Uygulanacak Hukuka İlişkin Genel Kural, Ankara, 2012.
References:

Evaluation System

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

ECTS / Workload Table

Activities Number of Activities Duration (Hours) Workload
Course Hours 13 2 26
Study Hours Out of Class 13 5 65
Midterms 1 2 2
Final 1 2 2
Total Workload 95

Contribution of Learning Outcomes to Programme Outcomes

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.
2) Have the knowledge of legal methodology and methods of comment.
3) Comment the modern legal gains with the historical knowledge.
4) Have the knowledge of philosophical currents of thought which are the bases of legal rules.
5) Have the knowledge of legal regulations, judicial decisions and the scientific evaluations related to them.
6) Resolve the juridical disagreements in light of legal acts, juridical decisions and doctrine.
7) Use at least one foreign language as scientific language.
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.
12) Have the knowledge of international and comparative law systems.
13) Have the knowledge of the construction and the conduct of the national and international commercial relations.
14) Use Turkish in an efficient way both verbal and written.
15) Have the professional and ethical responsibility.
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.
18) Have the knowledge of the operation of the national and the international judicial bodies.