Law of Obligations General Provisions II

Course Code:

LAW 252

Course Period:

Spring

Course Type:

Core

P:

3

Lab:

2

Credits:

4

ECTS:

5

Course Language:

Türkçe

Course Objectives:

The aim of this course is to evaluate the general provisions of the Turkish Code of Obligations numbered 6098, especially to scrutinize the effects and termination of debtor-creditor relationships in the light of academic and judicial views.

Course Content:

The course covers the systematic of the new Turkish Code of Obligations in comparison with the previous Code, regarding the issues of performance, non-performance, special cases in debtor-creditor relationships (contingent liabilities, penalty clauses for breach of contract), joint debtors and joint creditors, the change of the debtor or the creditor, and the reasons that terminate debts.

Course Methodology:

1: Lecture, 2: Question-Answer, 3: Discussion, 4: Case study / practical course

Course Evaluation Methods:

A: Testing, B: Presentation C: Homework

Vertical Tabs

Course Learning Outcomes

Learning Outcomes	Program Learning Outcomes	Teaching Methods	Assessment Methods
1) Interprets the provisions of the new Turkish Code of Obligations numbered 6098 regarding the effects and termination of debtor-creditor relationships,	1,3,4,5,6,10	1,2,3	A
2) Evaluates cases in which the debtor or the creditor changes and in which joint debtors and/or joint creditors exist,	2,3,5,10,11	1,2,3	A
3) Learns how to solve issues that are faced with in practice in the light of judgments of the High Court,	2,3,5,9,10	1,2,3,4	A
4) Discuss the issues that occur in both legislation and practice and gain the ability to find solutions.	1,2,3,9,10,11	1,2,3,4	A

Course Flow

Week	Topics	Study Materials
1	Performance
2	Performance in reciprocal contracts and default of creditor
3	The results of failure to perform
4	Default of debtor
5	Exceptional debtor-creditor relationships; contract of guarantee, contract for the benefit of third parties, joint creditors
6	Joint indebtedness
7	MID-TERM EXAMINATION
8	Contingent liabilities
9	Penalty clauses for breach of contract
10	Termination of debts; release of debts, novation, confusion of debts
11	Impossibility of performance, set off, lapse of time
12	Assignment of claim
13	Transfer of liabilities
14	Case analysis for the final exam

Recommended Sources

Textbook	Fikret Eren: Borçlar Hukuku Genel Hükümler, İstanbul 2012; Kemal Oğuzman, Turgut Öz: Borçlar Hukuku Genel Hükümler, İstanbul 2012
Additional Resources	Ahmet M. Kılıçoğlu: Borçlar Hukuku Genel Hükümler, Ankara 2012; Haluk N. Nomer: Borçlar Hukuku Genel Hükümler, İstanbul 2012 vb. diğer temel borçlar hukuku kitapları

Material Sharing

Documents
Assignments
Exams

Assessment

IN-TERM STUDIES	NUMBER	PERCENTAGE
Mid-terms	1	100
Total		100
CONTRIBUTION OF FINAL EXAMINATION TO OVERALL GRADE		60
CONTRIBUTION OF IN-TERM STUDIES TO OVERALL GRADE		40
Total		100

COURSE CATEGORY

Expertise/Field Courses

Course’s Contribution to Program

No	Program Learning Outcomes	Contribution
No	Program Learning Outcomes	1	2	3	4	5
1	Ability to comprehend, solve, and to attain analytical and critical thought processes					X
2	Within the ambit of lifelong learning, to direct continuous renewal and cultivation of knowledge attained in the field of law					X
3	To master legal resources and legal precedents; to be able to conduct comparative legal analyses in national and international legal arenas			X
4	To improve settlement options; to implement creative and innovative solutions				X
5	To be equippet with comprehensive and comparative knowledge gained through the study of law, enabling the transfer of this knowledge into the social and economic fields. To attain analytical thinking between cross disciplines				X
6	To attain the ability to comprehend and solve legal problems pertaining to global economy		X
7	To obtain knowledge of current legal subjects, through the aid of the English language	X
8	To be able to utilize proficiency at an intermediate level foreign language	X
9	To attain professional and scientific ethical tenants in the field of law, as well as in society at large				X
10	To attain the ability to write, speak and listen effectively, in the field of law					X
11	To be open-minded, to be tolerant of different ideas, to be constructive, to have self-confidence, and to be responsible both during individual studies and/or during team studies. To work effectively and efficiently			X

ECTS

Activities	Quantity	Duration (Hour)	Total Workload (Hour)
Course Duration (Including the exam week: 16x Total course hours)	14	5	70
Hours for off-the-classroom study (Pre-study, practice)	14	3	42
Mid-terms	1	2	2
Final examination	1	3	3
Total Work Load			117
Total Work Load / 25 (h)			4,68
ECTS Credit of the Course			5

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