Course Contents

FIRST SEMESTER – SECOND SEMESTER

CONSTITUTIONAL LAW I (GENERAL PRINCIPLES)

In this course, the students are introduced to subjects like the concept of constitution, rising of constitutions, interpretation and amendment of constitution, state concept, sovereignty, democracy and election systems, structure and function of legislation, execution and jurisdiction organs, fundamental rights and freedoms, basic information related with political parties, constitutional jurisdiction, separation of powers and government systems in a comparative point of view. In the first semester the aim is to help students gain knowledge on the general concepts and theory of the Constitutional Law. In courses of this semester, the subjects related to Constitution theory are explained with examples from both Turkish constitutions and political life and constitutions and political lives of various other countries.

CONSTITUTIONAL LAW II (TURKISH CONSTITUTIONAL LAW)

In this course, theoretical knowledge introduced during first semester is applied to Turkish Constitutional system. Subjects like Ottoman and Republic period Constitutional Developments, basic principles governing 1982 Constitution, fundamentals of the Republic, the concept of fundamental rights and freedoms of 1982 Constitution, establishment, structure and function, duties and authorities the Turkish Parliament, the President and Council of Ministers, Turkish jurisdiction organization and duties, authorities and member election methods of the courts, amendment method of 1982 Constitution and Turkish constitutional jurisdiction are discussed. The subject of constitutional jurisdiction is given 1 hour per week during the semester parallel to other subjects. Within the scope of the course, weekly practical studies are being conducted; theoretical knowledge is emphasized and students are encouraged to improve their problem solving and judgment skills using the theoretical information.

INTRODUCTION TO CIVIL LAW AND LAW OF PERSONS

Within the scope of this course, basic concepts of civil law are explained along with introductory provisions and law of persons. After a general introduction on the meaning and scope of civil law the resources of effect and practice of civil law are dealt with comprehensively. Then certain fundamental terms of civil law are emphasized and in that sense subjects like the concept of right, types of rights, owner of right, acquiring and losing rights, the role of goodwill in acquiring rights, rule of honesty and protection of rights are explained.

The course law of persons consists of real and legal persons. Theoretical information regarding subjects of the beginning and termination of personality, capacity to have rights (jus capiendi), capacity to act and protection of personality, and information regarding practice is introduced in the part related to real persons. Within the context of legal persons, the concept of legal personality and general rules related to legal persons are explained; associations and charity organisations are discussed in detail.   

FAMILY LAW

After providing basic information on family law, the concept of family and nature of family law; topics related to engagement (formation, provisions and termination of engagement), marriage, and termination of marriage and in particular divorce, general provisions of marriage, marital properties, establishment of kinship, and provisions of kinship, family relations and guardianship are covered in detail. 

ATATURK PRINCIPLES AND HISTORY OF REVOLUTION I

Basically it covers the stages of national independency based on national unity and integrity spirit started under the leadership of Mustafa Kemal Ataturk. The salvation challenge and the national independence war later on which are the answers of Western states' occupations reached success with Lausanne agreement. National determinism concreted with Amasya Notice and concluded with Erzurum and Sivas congresses are transformed into the principles of the indivisible unity of the country with the opening of the Turkish Parliament and superiority of the national will.  In this direction, Amasya Circular, decisions taken in Erzurum and Sivas Congresses, adopted principles and National Pact; establishment of Turkish parliament, its legal nature and quality, local fronts which are the final and absolute reactions of the nation against the occupation and share plans of the Western states, Ist and IInd Inonu battles and Kütahya-Eskişehir, Dumlupınar and Sakarya wars and its legal results; Mudanya Armistice and Lausanne Agreement are the subjects covered within the scope of the course. .

ATATURK PRINCIPLES AND HISTORY OF REVOLUTION II

The course based on the revolution process that began after the victory in the battle of national independence.  The proclamation of the Republic, the period of multi-party life, unification of education, clothing reform, alphabet reform, opening of Turkish Historical Society and Turkish Language Society, establishment of community centres, transformation of the legal system are the main subjects principally covered by the course.

ROMAN LAW

The rise and development of legal rules and concepts from the foundation of the Roman Empire in 6^th Century BC until today and its effect on today’s law systems as well as the social, political, economical and historical reasons influencing this development are covered.  The rules of Roman Law, areas of intensive effect on Private Law and particularly Law of Obligations and Properties are examined comparatively with our present legal rules. By demonstrating the social, political, economic and historical conditions where the legal concepts and rules of today are born, developed and changed, conferring competency and skills on the correct and meaningful interpretation of the legal rules, creation and development of the legal rule, granting secular legal formation taken as a basis in the Roman Law are one of the principal goals of this course. The student who successfully completes the course can examine the existence process of the modern law and assess better our legal ties which are common with the other countries included in the same legal system and gain the skill of establishing it. The courses are lectured in conference system, with assignments in regular intervals, in depth knowledge is assured and practical study/analysis of cases is made with the participation of students on the subjects under cover.

INTRODUCTION TO LAW

With the course introduction to law, freshman students of the Faculty of Law are introduced with the general theory of law and aimed at getting acquaintance on basic concepts and institutions in the areas of private and public law. Those students who successfully completed this course are then informed generally about law, attained with the introductory concepts required both for the private law and public law areas and better understand the function of law having an integrated opinion about law. The definition of law, relation between social norm categories and law, law’s functions, justice, types of justice, nature of legal information, resources of law, branches of law, validity of law, practice of Law, implementation of law in terms of content, implementation of law in terms of meaning, interpretation of law, gap filling and power of discretion, legal systems are explained in the course.

ELECTIVE COURSES

FIRST SEMESTER

TURKISH LEGAL REFORM

It covers the reform movements realized in law order as from the Tanzimat (Reform) period where the first reform movements of the Classical Ottoman Law are observed. In the period starting with rescript of Gülhane (Tanzimat) and continuing with the Royal Edict of Reform and proclamation of Constitutional Monarchy I and II (1876 and 1908); the legal transformation in fundamental rights, criminal law, jurisdiction law, land law, administrative law, citizenship law, commercial law, civil law and law of obligations are explained in this course. The legal reforms realized in the Republican Period constitute the second headline of the course. In this subject, the process preparing the proclamation of the Republic and in this process, primarily, the social legitimacy of laws made through reception and again adoption in all branches of the modern law under the headline of public law and private law are emphasized. The last headline covered by the course is the reforms made within the framework of our domestic law’s compliance with the European Union legal acquis.

HISTORY OF CIVILIZATION

The concept of civilization will be revealed in general terms and how the civilization developed will be analyzed.  In this regard, the relation between the concepts of culture and civilization, issues like whether it’s possible to talk about a single or more civilization, the link between civilization-society, whether the civilized is man or society will be mentioned. Ancient Egyptian, Mesopotamian, Anatolian, Iranian, Indian, Chinese, Greek, Turkish and Roman civilizations will be researched and the relations of these societies with each other in particular the effect of Ancient Egyptian, Mesopotamian and Anatolian civilisations over the Ancient Greek civilisation will be discussed. At this point, the thesis of "conflict of civilisations" which is frequently emphasized with its relation with many social and political events will be mentioned and its realistic nature will be uncovered.

After the collapse of the Western Roman Empire, the discoveries of Muslims, Islamic civilisation’s philosophers and Islamic scholars who were the conveyors and developers of civilisation in the Middle Age. Along with the Islamic civilisation, the Feudal Western Europe in that era in particular and the jurisdiction and criminal execution systems of Inquisition courts in particular will be examined and Renaissance and Reform movements will be assessed and a comparison will be made.

SOCIOLOGY

In that course a general introduction to the science of sociology is given. The headlines within the scope of the course are sociology’s information acquisition methods, roots of the society, culture, socialization of the individual, social institutions (economic, administrative and religious), family, community, social groups and social change. These headlines are aimed at providing a minimum sociological point of view for the law faculty student and accordingly the related other headlines are tried to be included under the area of analysis as far as possible.

SECOND SEMESTER

 

COMPARATIVE CIVIL LAW

Comparative Civil Law Course’s subjects of study includes the handling of comparative law as a concept, its development as an independent discipline, the difference of macro and micro comparative law concepts, functions of comparative law within the law system and administrative problems that one may encounter in the realization of these functions and the importance the comparative law has in the unification of laws.  

BASIC CONCEPTS OF THE PUBLIC LAW

In the course “Basic Concepts of the Public Law" given in parallel with Criminal Law Discipline" in the spring semester of the academic year 2010-2011 for the first time, basic concepts, meanings and scopes, current discussions, function reflected on the judicial resolutions will be explained to make courses related with the public better understood and to improve students' formations.

POLITICAL SCIENCE

Political science is a research discipline which aims ait providing legitimacy between types of power and examines the structure of the political power structure differentiating with its nature of expanding over the entire society and social and economic relations.

In this context, the subject of the text is the constitution of the modern state and the transformative effect of this fact on the power relations. The basis of legitimacy of the political power, public opinion creation means such as political parties developed in modern democracies and pressure groups, theoretical opinions and their functions in practice form also the subjects of the course.

COMPARATIVE ROMAN LAW

The content of the course consists of Roman law texts, modern law texts and these are analysed comparatively. The analysis and comparison of legal texts reveal the historical development of legal rules. The possibility of the research on the text by the students assures the imposition of the legal rule, the ability to make free research and the improvement of interpretation skills. Suggestions of research changing according to the selected Roman Law texts are made and after that the given texts are researched by the student, they are handled one by one and assessed by the students comparatively and discussed over the home works prepared.  In that way, the essential of the legal rules based on concrete texts and their reflections are demonstrated.

ROMAN PUBLIC LAW

Basic knowledge in this area is given to the students studying the concepts and rules of the Private Law of the Roman Law in the Roman Law course by explaining the  concepts and rules of the Public Law of the Roman Law. With the introductory course given in conference, general information is given to the students on the subject and then the students are informed about the resources they can use and an assessment is made by discussing the prepared home works.

 

 

 

ERASMUS SEMINAR PROGRAMME

Erasmus Seminar Courses cover the courses that the academicians visiting our faculty from various universities of Europe are giving on their specialties in English within the framework of Erasmus Exchange Programme.  The said course is given as an optional course with credit. Also this course is given to freshman students under the name of Basic Concepts of Law in order to make them acquire knowledge on English law concepts.

THIRD-FOURTH SEMESTER

LAW OF OBLIGATIONS (GENERAL PROVISIONS)

Under the headline of the General Provisions of the Code of Obligations, the subjects and basic concepts of the code of obligations, principles dominating the code of obligations, resources of obligations, in this scope, obligations rising out of legal transactions basically agreements, unfair actions and unjustified enrichment are explained in the fall and spring semesters.  Also assessments are made on the issues such as discharge of debts and the roles of the debtor and creditor (their default) and the time and place of the discharge, discharge in agreements which burden both parties with debt), results of non-discharge of debts, termination of debts (release, renewal, unification of debtor and creditor, impossibility of discharge, concepts of settlement and expiration) particularly presenting debt relations, transfer of claim and transfer of liability.

 

CRIMINAL LAW (GENERAL PROVISIONS)

 

The content of the course consists of the purpose of punishment, legality, culpa and humanism principles as the essentials of crime policy, practice of the criminal law in terms of place, time and person and crime and sanction theory. Under the scope of this course, based on the regulations depending on the Turkish Criminal Law no.5237 which took effect and the principles of the criminal policy in this regard, the concept of criminal law, the principle of legality, the practice of the criminal law in terms of time, the doctrine of crime, structural factors of crime, culpability, cases which lift or relieve culpability, special appearance types of crime common within the scope of the whole crimes and sanction theory are considered in terms of criminal law technique.  

ADMINISTRATIVE LAW

In the course of Administrative Law give annually, “Turkish administrative Organisation”, “Administrative Action Theory”, “Administrative Methods of Acquiring Property and Expropriation”, “Public Personnel Law” are explained in the first semester. Also, “Public Properties”, “Public Service”, “Police”, “Encouragement and Supporting Activities”, “Administrative Method”, “Responsibility of the Administration”, “Regulation and “Knowledge Acquisition” subjects are also explained.

GENERAL PRINCIPLES OF THE INTERNATIONAL LAW

 

With the definition, development and its distinctive features from the other legal branches, the presentation of this area of law constitutes the first subjects of the semester.  Afterwards, theories explaining the foundation of the international law and the establishment of theoretical infrastructure, principles related with the course from the point of view of the students are explained. Following this, the sources of the international law with the main headlines (Common law, general principles of the law, jurisprudence, doctrine), international legal transactions (single partied legal transactions: recognition, renunciation, notification and remonstrance; double partied legal transactions: treaty) are handled.

 

In international law double partied legal transactions, namely treaties are analysed within the framework of the provisions of 1969 Pact of Law of Vienna Treaties Law in a large scope together with the norms some of which became rules of common law.  In that sense, treaty making power, treaty concluding method, steps like preparation and authentication of the treaty text, bindingness and validity of the treaty are examined one by one.

 

After that reservations are reviewed as a separate issue, the execution of treaties in domestic law, issues on the execution of treaties in practice according the Constitution and laws of the Turkish Republic.

 

After explaining the legal validity conditions of the treaties, impacts of the treaties on the third states, treaties bringing conflicting provisions are explained, the concept of “annotation of the most privileged nation” is examined. 

 

After the subject on the interpretation of treaties, the termination of treaties and finally relations between the international and domestic law resources (relations between resources) are examined and the content of the course related to that period is completed.

POWER OF STATE IN INTERNATIONAL LAW

In this course, primarily the states, international organizations, real persons are taken inti consideration as the persons of the international law. In the session of state, features of the state, recognition of state and governments, the distinction of de jure-de facto recognition and the results of non-recognition in terms of national law are explained. Secondly, general information on the international organizations is given and particularly the United Nations, European Union, European Council organizations are examined in detail. Within the scope of the international legal personality of the real persons, protection of human rights, terms of application to the human rights court, adjudication and punishment of war criminals are the issues under consideration.

 

The prohibition of the use of force and the right of self defence are treated in a separate chapter. Also the methods of resolving conflicts in the international law through peaceful means are also analysed.

 

Also, the power of the state on place and people in the international law, the concept of the state’s country, principle of country sovereignty, ways of gaining and losing country, the components of the state's land, air and sea country, marine areas subject to national and international authority in sea country are examined in detail.

 

Finally, the jurisdiction immunity of the state and diplomatic privileges and exemptions are mentioned.

 

HISTORY OF TURKISH LAW

 

The course’s purpose is to examine the past Turkish legal systems in order to have a historical law culture and thus better understand the legal rules in our regulations. In this scope, it deals with the time before and after the acceptance of Islamism separately. In pre-islamic period, it examines the public and private law principles dominating the ancient Turkish states. In the post-islamic period, it deals with the Islamic law and Ottoman Law in two different parts; in the first part it examines the resources of the Islamic Law, its features, creation and legalization studies. In the second part it explains the character, resources, establishment, general features and organization of jurisdiction of the Ottoman Law before Tanzimat (Reforms). Ottoman Law before reforms is treated with its Public Law institutions primarily the Criminal Law while the area of study of the Ottoman Private Law consists of code of persons, family, heritage, property, liabilities and companies. The last headline to be considered in this scope is the Ottoman Law during reforms and the transformation of the legal movements in that period and its reflections on our today's law are being assessed.

 

LAW OF TAXATION

Basically the scope of the taxation law and its relation with other branches of the law, basic concepts related with the tax duty, sources of the taxation law, its implementation in terms of place, time and meaning, constitutional principles reigning the taxation law, the guidelines of the taxation process in the later stage; processes of event, description, notification, realization and collection leading to taxation, duties of taxpayers, audit of taxpayers, terms in taxation law, termination of tax liability, assurance of the tax claim, taxation conflicts and methods of administrative and judicial resolution of the conflicts, taxation crimes and punishments, main taxes in the Turkish taxation system are taken into consideration.

PHILOSOPHY OF LAW

In this course, the purpose is to make an introduction for the Faculty of Law sophomores to the Philosophy of Law and to make them informed about the basic occupations of the philosophy of law and gain a philosophical perspective.  This perspective is large to cover both the public law and private law point of views.  In the course, subjects like science, the nature and value of science, introduction to philosophy and philosophy of law, historical perspective; development of the philosophy of law within big movements of thought; philosophy of law in the classical Greek thought; termination of the classical era, Middle age philosophy, Renaissance period, Modern Age and after, historical law school, utilitarian Anglo-Saxon approach, Hegel, Marxist law approach, Hans Kelsen, renaissance of the natural law, legal realism, H. L. A. Hart, Ronald Dworkin, phenomenological concept of law, post-modern law approaches; problematic law philosophy, law ontology, law epistemology, law axiology, types of philosophical consideration of the law, association of legal functions with the philosophy of law, function of law are explained.

ELECTIVE COURSES

THIRD SEMESTER

POLITICAL PARTIES LAW

 

In this course, information related with the political parties which are considered as the indispensable factors of the democracy today are explained to the students. Faced with the fact that a good lawyer must be aware of the problems related with today's political systems and that today's political systems cannot be completely understood without being aware of the political party phenomenon, the concept of political party, the place of the political parties in the political system are explained as an optional course to the students who want to have a deeper knowledge on these subjects than those explained in Constitutional Law courses. In that sense, throughout the semester, subjects like the concept of political party, the historical development of political parties and political parties’ law, types of political party and one party systems, foundation and organization of political parties, their financial laws, closure of political parties with the concept of party discipline and problems with today's political parties' law are covered. In particular, as the issue of the closure of the political parties is highly discussed depending to the practice in our country and as the issue has international dimensions, the information given in the course on this subject is not only limited with the Turkish Law thus the places of jurisdiction like European Court of Human Rights and the approaches of various international institutions to the issue are conveyed to the students. Again, one of the major problems of today’s political parties which is democracy within the party, nomination systems, current issues like leader's domination are also conveyed to the student by giving examples from the Turkish political life.

 

 

 

CRIMINOLOGY

The causes of culpability are scrutinized with methods used in criminological research and various opinions and theories.

 ELECTIVE COURSES

 

FOURTH SEMESTER

ERASMUS SEMINAR PROGRAMME

Erasmus Seminar Courses cover the courses that the academicians visiting our faculty from various universities of Europe are giving on their specialties in English within the framework of Erasmus Exchange Programme.  The said course is given as an optional course with credit. Also this course is given to freshman students under the name of Basic Concepts of Law in order to make them acquire knowledge on English law concepts.

 

 

FIFTH-SIXT SEMESTER

 

COMMERCIAL LAW I (COMMERCIAL ENTERPRISES– NEGOTIABLE INSTRUMENTS)

 

The course of Commercial Law I consists of two main chapters as Commercial Enterprises and Negotiable Instruments.

In Commercial Enterprises, subjects like commercial enterprise, commercial provisions, commercial proceedings, commercial organisation, concept of merchant and results of being merchant, craftsman, commercial register, commercial title and business title, trademark, unfair competition, commercial books, current account, merchant assistants are covered.

In the Negotiable Instruments course, subjects such as the concept of negotiable instruments, types, loss and cancellation of them, specifications of the negotiable instruments to the name, order and bearer, concept of exchange bill, legal regulations related with policy, bond and check, their formal requirements, assignment and payment, issues resulting from non payment are covered.

 

 

COMMERCIAL LAW II (COMPANY LAW)

 

In the courses of Law of Companies, subjects under the headlines of ordinary partnership, general provisions of commercial partnerships, collective, commandite, joint venture and limited partnership’s organization, organs, changes among partners, rights and liabilities of partners, termination of the partnership are assessed.  

CRIMINAL LAW (SPECIAL PROVISIONS)

The content of the course consists of the following within the regulations resulting from the effect of the Turkish Criminal Law no.5237: international crimes, crimes against persons and privacy of the body, torture and torment, illegal abortion, abortion or castration, crimes against sexual privacy, freedom, honour, private life and private area of life, property, society, public trust, family order and crimes in the communication area and crimes against the nation and state.

 

 

LAW OF CIVIL PROCEDURE

Within the scope of the course, basically the operation of courts and relations between the court and the parties are examined. First, a general introduction to the procedural law which is an adjective law is made. Then the judicial system in Turkey and the structure of the courts are explained along with their duties and authorities. General information on the proceedings, procedural actions, opening an action and results related with opening of an action, investigation, evidence, rules of procedure, special cases in the action, stages starting with opening an action until its conclusion are examined in detail. Also detailed information is given on issues like judicial assistance, court expenses. Legal remedies against court decisions, alternative resolution methods of the final provisions and conflicts and in this scope arbitration are among the issues under scrutiny.

 

PROPERTY LAW

 

Property Law is the part of the Civil Law which regulates the direct dominance of people on the property.  The concept and features of real right, concept of possession, gaining, losing and protecting  possession, essentials to be implemented in the return of possession, concept of title deed registry, records to be made on the register page of the immoveable, provision of the records made on the title deed registry consist the first part of the Property Law course. Then, the concept of property which is a real right allowing the largest authorizations, subject and scope of property, gaining it will be handled separately in terms of moveable and immoveable property. Finally, subjects like limited real right concept, provisions subject to limited real rights, easements, immoveable charge, moveable and immoveable pledge will be examined in detail.

 

SOCIOLOGY OF LAW

In this course, the purpose is to make an introduction to Legal Sociology for third class students of the Faculty of Law and make them acquire the basic occupation areas of the legal sociology and a legal sociological point of view. Also, the purpose is to provide them a perception as a legal social phenomenon. The course of legal sociology is explained in large to cover a problematic point of view for the legal sociology with the historical perspective of the legal sociology. The students who complete the course in success make law subject to scientific and analytic study as a social phenomenon and within its relations with other social dynamics, meet with different Legal Sociology currents and the student assesses these currents and gains rationalization capacity. In the course introduction to sociology and Legal Sociology, historical background; sociological approaches to law, relation setting between legal functions and legal sociology, function of law, law as a social structure; practical legal sociology and examples, compliance attitude, ideology, issues like rights, ownership, agreement, family as subjects of law are considered; basic issues of legal sociology is given to student in one semester program by conveying basic information related with this field to the student.  

 

GENERAL PUBLIC LAW

General Public Law has two main areas of study. One of these consists of the root, creation and function of the organization of “state". This is called State Doctrines (History of Political Thoughts). The second area of study is the protection of the person against the state that is the limitation of state power. This is called Basic Rights and Freedoms.

In the course of General Law, the pre-modern period from Antique Greek to the period of Enlightenment, the following bourgeois revolution and the germination of the human rights doctrine, working class struggle and the rise of the second generation rights form the basic areas of study.

In the basic rights dimension of the course, the issue of the limitation of the state power is considered first from the historical perspective and then national and international documents are examined in basic guidelines.

HUMAN RIGHTS LAW

The basic area of study of the Human Rights Law is the technical legal analysis of various systems aiming at the recognition, protection and development of the human rights. In this way, the effective human rights standards are explained and students are assured to reach this standard knowledge. In this scope, the main human rights contracts produced by the United Nations on universal level and European Human Rights Contract produced by the European Council on regional level are examined with general guidelines.

Along with the general analysis of the regional and international systems, the rights set with the related contracts are considered within normative factors and jurisprudence. Taking into consideration that Turkey is a party in most of these, these documents form a part of the internal law, national authorities including the places of jurisdiction are bound by these standards; the referenced documents are taken into account and used by the national supreme places of jurisdiction, the course is hence taught.

 

 

ELECTIVE COURSES

 

SIXTH SEMESTER

 

LAW OF PREVENTING INTERNATIONAL SEA POLLUTION

The legal framework of the problem related with preventing, diminishing and controlling the sea pollution and in particular ship based pollution which has a significant role in problems of pollution and is of great importance in terms of Turkey as a country surrounded by seas in tree coasts constitutes the main subject of this course. Our country is subject to a highly intensive sea traffic due to its geographical position. In this regard, it is important to know the scope and limits of the international regulations related with ships and the authorizations of the states according to these regulations.

Thus this course studies the related subject under four main headlines (international standards to reduce and avoid sea pollution, the sea pollution caused by ships and the authorization related with their regulation and implementation, Turkish regulations related with the prevention and reduction of the pollution caused by stocking and ships), under multi partied and regional treaties, practices and jurisprudence and our national regulations.

CONSUMER LAW

Consumer Law is the entire legislation which regulates the protection of consumers from environmental hazards in terms of health and safety and the protection of their economic interests, indemnification of their damages and the content of the protective measures for consumers. The Consumer Law course underlines who is the consumer, which transactions are covered by the consumer law and with which legal ways will the consumers be protected due to the content and violation of these transactions. In this course the Law related with the Protection of the Consumer (TKHK) and within the framework of the regulations issued according to these regulations the ways to protect the consumer in Turkish law will be examined. As this new branch of the Law takes its form particularly under the light of the Supreme Court, the decisions of the Supreme Court related with TKHK will be particularly considered and the incidence of these decisions according to TKHK will be discussed.

INNOMINATE CONTRACTS

From the contract types which are not subject to legal regulations under the Turkish law, the ones which are mostly observed in practice are studied. In this course, most common agreement types such as intellectual and industrial license agreements, distributorship agreement, know-how, management, sponsorship, travel agreements are studied. Also, interpretation and gap filling rules and methods are considered in this course. Within the scope of this course, the aim is to determine the legal rules to be implemented in agreements which are not regulated by law, interpret the agreements by considering their specifications and give information about filling agreement gaps as well as to develop judgement skills.

LAW OF INTERNATIONAL ORGANISATIONS

The purpose of the course of international organisations is to provide the student with a general point of view related with the legal status of the international organizations which is one of the persons of the international law and which plays an important role with its increasing contribution to international relations after the second world war.  

The course will be handled in two basic chapters; in the first chapter, in general terms, the definition of the international organizations, the general theory, types (such as universal, regional, functional) and legal personality will be touched while in the second chapter the organisations that Turkey relates to within the scope of the organization in Europe and in that sense, the European Union, European Security and Cooperation Organization, North Atlantic Treaty Organization (NATO) will be studied under the light of new developments and under legal, political, economic and security dimensions.

 

 

PRIVATE EUROPEAN UNION LAW

In the course of Private European Union Law, the subjects of the process of integration of the European Union, institutions forming the European Union, powers and duties of the institutions, their functions and relations with each other, study of the corporate structure, Community law, sources of the Community law, types of legal actions which can be filed pursuant to the Community law, the principles setting the sharing of legal power between member countries and the Community, legal implementation in the Community and basic doctrines of the Community law, free circulation of goods, labour and services in the Common Market and freedom of settlement and Community competition law are studied.

COMPETITION LAW

In the Competition Law, the subjects of the sources related with the Law of Protection of Competition and its relation with the European Union competition law, anti-competition cases, in that scope, agreements limiting the competition, compatible actions and decisions of entrepreneurial unions, types and conditions of exemption related with these, abuse of the sovereign state, mergers and acquisitions between enterprises and sanctions against violation of competition.

INTELLECTUAL PROPERTY LAW

In the Intellectual Property course, under the headline of intellectual property concepts like works of intellectual property, patent, utility model, industrial design, trademark and geographical sign, general study of the protection system provided for these in the Turkish Law, concept of work of art in terms of the intellectual property law, ownership of work of art, financial and moral rights allowed for the owner of the work of art and agreement titles of these rights and ways of protection in case of violation; concept of invention in patent law, terms and method of granting patents, rights arising from patent, limits and violations will be assessed.

HOUSING LAW

In this course, the related legal regulations will be considered in terms of theory and practice and taking into consideration the jurisprudence and in particular housing plan law and housing license subjects are discussed. The practices are demonstrated acting from adjudications.

CITY AND CULTURE / ISTANBUL

In the optional course of “City and Culture, Istanbul” which is given in the spring semester of the academic year 2010-2011 for the first time, considering Istanbul example, the content of the concept of culture, its relation with the city concept and culture-city interaction, “culture changes”, “basic cultural feeding veins” will be touched and it will be tried to explain that knowing law is neither necessary nor adequate to be a good lawyer but at the same time development of the cultural dimension is necessary.

 

DISASTER LEGISLATION AND CULTURE

In the optional course of “Disaster Legislation and Culture” which is given in the spring semester of the academic year 2010-2011; natural disaster types, regulations related with the cases of disaster within the scope of international law, police force in the disaster, its relation with extraordinary management method, regulations which take and need to take place in the housing and local management legislation in terms of reduction of the disaster risk and responsibility of the administration will be discussed.

ECONOMIC CRIMINAL LAW

The course of Economic Criminal Law is studied essentially under two main headlines. Under the headline of general provisions, basic concepts, the regulation economy criminal law, supportive nature of the economy criminal law and the main principles of the criminal policy in the economy criminal law are examined.  Under the headline of special provisions, the economic crime types in the Turkish Criminal Law and in other legislation related with economic crimes.

SPORTS LAW

In sports legislation; relations resulting from sports and the regulation of the cases met by the real and legal public law and private law persons who play role in these relations are explained.

AIR AND SPACE LAW

The purpose of the course is to examine the provisions regulating the legal relations between individuals resulting from the navigation of air ships and explain Space Law concepts with the main guidelines.

In the air legislation chapter of the course, air ship concept and types, legal nature of the air ship, acquisition and loss of ownership and pledge rights on the air ship, concept of air ship operator and responsibility of the operator, Turkish Civil Aviation Act and Roma Convention dated 1952 are taken into consideration and examined. Also, concept and types of air transportation contract, responsibility of the transporter, Turkish Civil Aviation Law and International rules are explained.

In the Space Legislation chapter of the course, introduction to Space Legislation, sources of Space Legislation and international contracts related with Space Legislation are explained.

ENVIRONMENTAL LAW

The Environmental Law will be examined based on three disciplines. From these three disciplines, within the context of Administrative Law, the regulations of the administration for the protection of the environment and basic principles governing the conduct of these regulations will be explained.

Under the headline Criminal Law, the target is to examine the subject of crimes against the environment of Turkish Criminal Law and administrative sanctions regulated by the Misdemeanor Law and the revelation of the distinction between these acts and crimes stated in Turkish Criminal Law.  

The International Environment Law currently continues its development with the basic principles of the international law and supra national human rights law and the jurisprudence of human rights controlling organs. In the courses, the current stage of this law branch and its future potential will be discussed.

JUVENILE LAW

Rules related with children form the essence of the juvenile law. These rules take place basically in UN Children Rights Contract, Child Protection Law, Criminal Law Legislation, Civil Law and other series of law. The function of the these laws is to assure the healthy development of the child in terms of body and moral, to formulate the necessary conditions for his participation into social life as an individual with a consciousness of responsibility, to particularly protect and secure in every area he is present, taking into consideration the special position of the child. The course includes the subjects of Child Protection Law, International Agreements and Civil Law related with the child.

METHODOLOGY OF THE LAW

The purpose of this course is to enlighten third year Law Faculty students in terms of the most basic legal and logical concepts such as interpretation, legal gaps, normative conflicts, legal principles and to develop their legal reasoning skills. Those students who successfully completed this course internalize the epistemological and methodological variety in the area of law. They gain the capability to implement legal concepts, thoughts and methods into incidents, phenomena and institutions as well as the power to consider not only the logical implications in norm interpretation activity but also the ethic values in close relation with the world of legal values.  In the course the basic logical reasoning methods such as: interpretation methods with induction, deduction, analogy and similar: Interpretation based on statement, logical-systematic interpretation, subjective-historical purpose interpretation, objective-teleological interpretation methods and the jurisdiction of the judge, legal gaps and distinction setting methods between interpretations are discussed in detail.

 

MEDICAL LAW

 

The content of the course consists of the medical intervention relation and setting of the parties' liabilities and responsibilities resulting from this relation, emphasis on various concepts and institutions related with human health and consideration of the legal regulations related with these. Within this scope, after the analysis of the legal eligibility conditions of the medical interventions of people authorize to execute medical profession, the crime types of medical activities within the scope of Criminal Law and regulations related with health specialists as stated in the Criminal Procedure Law will be taught. In addition to this, the establishment of the medical intervention agreement, responsibilities in case of execution and non-execution are subjects covered by the course. On the other hand, case examples from the practice related with the determination of default will be provided. The purpose of this course is to provide the student who takes this course with a capacity to assess the legal conflicts which may arise related with the human health, to consider the facts of the health science and interpret and implement the legislations. 

 

ERASMUS SEMINAR PROGRAMME

Erasmus Seminar Courses cover the courses that the academicians visiting our faculty from various universities of Europe are giving on their specialties in English within the framework of Erasmus Exchange Programme.  The said course is given as an optional course with credit. Also this course is given to freshman students under the name of Basic Concepts of Law in order to make them acquire knowledge on English law concepts.

SEVENTH-EIGHT SEMESTER

 

DEBT ENFORCEMENT AND BANKRUPTCY LAW

The organization of enforcement within the scope of enforcement law, enforcement without judgment (from the types of execution without judgment, proceeding through general execution, proceeding through execution proper to exchange bills and execution without judgment of the rented real estates), enforcement with judgment, payment order, objection to the payment order, removal of the objection, annulment of the objection, negative declaratory action and restitution claims, relief by execution, liquidation and cautionary attachment are the main subjects studied. Within the scope of bankruptcy law, issues such as people subject to bankruptcy, bankruptcy methods, legal results of the bankruptcy in terms of debtor, creditor and public law, settlement of bankruptcy and composition of debts are examined.

 

LAW OF INHERITANCE

Within the scope of the Inheritance Law, the basic concepts of the inheritance law namely legal inheritance and parental system, dispositions related with death in material and formal terms, testator's license to dispose related with death and forms of dispositions related with death, interpretation of dispositions related with death, assigning heirs, conditions, liabilities and replacements in dispositions related with death, contracts of will particularly contract of the renunciation of the inheritance as a type of contracts of will, annulment of dispositions related to death, limits of freedom to dispose for the testator and inheritors with reserved portion and reduction of the dispositions violating the reserved portion, debarment from inheritance and disqualification, descending results and realization of distribution are taken into consideration.

CRIMINAL PROCEDURE LAW

The basic principles of the criminal procedure law, basic institutions and people participating into criminal procedure, transactions made during the process of the criminal procedure law, preventive measures, theory of evidence, conduct of the procedure and legal remedies consist the content of the course. With this course, the purpose is to provide an explanation for the systems and institutions related with procedure law which will assure the use of material criminal law knowledge during the process of the procedural law.  

LAW OF OBLIGATIONS (SPECIAL PROVISIONS)

Within the scope of the Special provisions of the Law of Obligations, sui generis contracts and contracts regulated by the chapter Special Provisions of the Law of Obligations are studied. In this cope, particularly, subjects of sales, donation, leasing, borrowing, loan, deposit, work (derogation), proxy, bailment, legal qualities of ordinary partnership contracts, their parties, rights and liabilities of the parties, termination of agreements are discussed. 

LABOUR LAW

The course of Labour Law includes two basic areas namely Individual Labour Law and Collective Labour Law. Within the scope of individual labour law, the relations between employees and employers are considered within the framework of the labour contract and particularly internal law regulations and establishment of labour contract taking form within international laws, its provisions and termination are the issues emphasized. Along with that, types of labour contract and developing and changing employment types, rights and liabilities of the parties in relations between employer and employee are within the scope of analysis of our course.

In the collective labour law, on the other hand, relations between employees and employers are studied within the concept of labour union on collective level. Union independence, establishment and operation of unions, collective labour agreements and the procedure of contracting them, resolution of collective labour conflicts through peaceful settlement and strike and lockout as labour struggle types are considered within this scope.

SOCIAL SECURITY LAW

The course of social security law takes into consideration the concepts of social aid and services and social insurances and makes as its subject assurance against social risks for dependent and independent employees acting from the principle of social state based on the Constitution and the scope of this assurance provided. In that sense, social insurance types and the requirements for benefiting from these and assistance provided from these insurance branches are within the scope of analysis of our course.

LAW OF FOREIGNERS AND NATIONALITY LAW

The subject of the course of the Law of Foreigners and Nationality Law consists of the legal regime applied for foreigners in Turkey and the basic issues of the Turkish Nationality Law. Within the scope of the course, the legal regime applied for foreigners are assessed in terms of the internal law and international agreements.  The persons covered under the scope of the foreigner concept and principles governing the Turkish Foreigner Law are mentioned. As the main subjects of the course in terms of foreigners' law, the rights and freedoms of foreigners in Turkey; particularly the right of entrance into Turkey, residence and travelling in Turkey, deportation and foreigners' personal privileges in terms of the institutions of return of the criminals, press, establishment of association and membership, working, education and training and social rights and freedoms, ownership of real properties and benefiting from limited property rights, inheritance on the real properties and rights on the immaterial properties, political rights and status in terms of the personal law and family law. Within the scope of the course, in terms of Nationality Law, principles governing Turkish Nationality Law and the states of gaining and losing Turkish nationality and proof of the Turkish nationality and the functioning of the judicial remedy are underlined.

INTERNATIONAL PRIVATE LAW AND INTERNATIONAL PROCEDURE LAW

The subject of the course of International Private Law and International Procedure Law consists of the general principles of International Private Law and Legal Conflicts Law and procedure law issues encountered on international level. In the part of the course related with the general principles, subjects like reference, description, primary issue, public order and application of the foreign law are studied.  In the part related with the Legal Conflicts, the nature of the law to be implemented in transactions and relations related with private law having foreign attribute is emphasized. In that sense, the question of with which legislation the problems encountered and having foreign nature in the areas of form and expiration in legal transactions, personal law, family law, inheritance law, property law will be resolved, is tried to be answered.  In the part related with the International Procedure Law of the course, the international power of the Turkish courts, international arbitration, recognition and approval of foreign court decisions and arbitration, issues of international judicial assistance and assurance are covered.

MARITIME TRADE LAW

In the course of Maritime Trade Law, the historical development of the Maritime Trade Law is covered and the “Ship” which is the basic concept of the Maritime Trade Law is defined and the subjects of the legal nature of the ship, its types, the real rights on the ship, maritime mortgage are taken into consideration in detail.

The regime of the responsibility of the shipper with the concept of shipper is explained considering the Turkish Trade Law and international conventions (Ex. 1924 Brussels Convention, 1976 London Convention). In the scope of the shipper concept, the institution of association of ship owners is explained, the rights and authorities of the captain as well as his legal responsibility are mentioned. . .

The ship owners association is explained, the legal responsibility of the ship owners association is explained in relation with the shipper responsibility. The captain’s rights and authorities and legal responsibility are mentioned.

Ship allocation contracts are described in general and charter contract which are frequently used in practice is particularly revealed. The responsibility of the carrier is disclosed in detail. The rights of the carrier are studied. The termination cases of the freight contract are disclosed in detail.

Sea accidents, responsibility resulting from damages which may arise in sea accidents, general average, rescue and support issues are explained in relation with each other. The subjects of ship’s creditor and charge creditor in close relation with these subjects are explained and integrity between issues is assured.

 

ADMINISTRATIVE JURISDICTION LAW

In the course of Administrative Jurisdiction Law which is given for one semester, the writing of a file petition is demonstrated and the administrative action procedure is explained over the petition. In this scope, subjects of “Administrative Action types”, “Annulment and Full remedy actions”, “Term of Litigation in Administrative Jurisdiction”, “Task and Duty Legislation”, "Suspension of Execution and Legal Remedies” are explained.

INSURANCE LAW

In this course, after emphasizing the historical development of the Insurance Law, “Insurance Issues Law” is explained. European Union Directives are mentioned and the nature of changes that can be implemented to provide full compliance is discussed. The issues of agency and broker which are insurance mediators are studied.

In the part “Insurance Agreement Law”, definition of the insurance agreement is made, the establishment, parties and relatives, term of the insurance agreement are analysed. Obligatory and voluntary insurances are mentioned and the types of insurance arising within the development of social life are discussed.

Insurance policy, its elements, legal nature, policy signing, results of non signing are explained. The setting of the insurance contract scope, selection of risk are explained while examples of general insurance requirement in different insurance types are given.

The provisions of the insurance contract are categorized in the form of the liabilities of the insurer and the insurant, debts and duties and explained in detail. The premium payment debt of the insurer is analyzed. The duties of the insurer before and after the risk realization and the results of the violation of duties are mentioned.

The cases of termination of the insurance contract are studied. The subject of the insurer’s succession is explained in detail.

ELECTIVE COURSES

EIGHTH SEMESTER

 

BANKING LAW

In the course of Banking Law, subjects such as banking operation, deposit bank, participation bank, development and investment bank, establishment and activity allowances of the banks, amendments in the articles of association of the banks and in particular capital increase, share and shareholding in banks, characteristics related with share transfer, bank board of directors, audit of banks, capital sufficiency, credit concept, deposit and participation fund concepts, removal and results of the activity allowance, personal responsibility in banks, bankruptcy of managers and auditors, banking contracts and accreditation are studied.

CONSTRUCTION LAW

In the course of Construction Law, the establishment of the construction contract made between the construction contractor and business owner, rights and liabilities of the contractor, rights and liabilities of the business owner, termination of the construction contract and legal results deriving from the termination, legal relations with the architect and the business owner and contractor, legal relations between the business owner and sub contractors, specifications of construction agreements in return for flat, legal responsibilities of those participating into construction business are studied.

TRANSPORTATION LAW

In the course of the Transportation Law, general provisions related with the transportation contract, elements of the transportation contract, parties of the transportation contract, various distinctions of transportation, provisions to be applied to the transportation contract, Trade Law and the responsibility of the transporter in CMR system will be covered.

  

CAPITAL MARKET LAW

In the Capital Market Law course, the subjects of the concept of the capital market, capital market tools, share bond, bill of exchange, dividend share and participation dividend share, profit-loss partnership documents, financial bonds, bank bonds and bank guaranteed bonds, asset backed securities, public offering of the capital market means, dematerialization, public joint venture company concept, share bonds, publicly offered joint venture, joint venture the share bonds of which are deemed to be publicly offered, intermediary offices, capital market activities are taken into consideration.

LAW OF PERSONAL DATA AND RIGHT TO KNOWLEDGE

In the optional course of “Law of Personal Data and Right to Knowledge" given in the spring semester of the academic year 2010-2011, the scope of the right to information within the framework o” the regulation in the Law of Right to Knowledge and European Union legislation and its legal dimension as well as the protection of the personal data regulated essentially by the Constitution, its place an scope in our legislation will be discussed in detail and comparison.

TAX JURISDICTION AND TAX EXECUTION LAW

The course of Tax Jurisdiction and Tax Execution Law is conducted under two main headlines.

The first one of these takes into consideration in detail within the legislation of tax jurisdiction the resolution of tax conflicts at judicial stage and the procedure of tax jurisdiction within the administrative jurisdiction.

Within the scope of tax execution law constituting the second chapter, method of collection by force of the tax liabilities which are conclusive but not paid voluntarily is studied in parallel with the systematic 6183 p. Law on Collection Procedure of Assets regulating the tax receivables and other public receivables.

INTERNATIONAL COMMERCIAL CONTRACTS

The subjects of International Commercial Contracts Law include the preparation of contracts of commercial nature in the international area, prevention of possible disputes which may occur during this preparation during contract or at the stage of contract and after the occurrence of any conflict related with international commercial disputes, its resolution by legal remedies and the execution of the international arbitrations according to International Private Law and New York Contract on the Recognition and Execution of Foreign Arbitration in Turkey.  The international arbitration in structure is studied particularly in terms of the Agreement on the Settlement of Investment Conflicts between States and Other State Citizens (ICSID) and the International Chamber of Commerce Court of Arbitration. The resolution of commercial disputes through direct negotiations, reconciliation, technical expertise, pre arbitration and alternative dispute resolution (ADR) techniques is discussed as a final analysis.

HUMAN RIGHTS LAW

The legal procedure dimension of the human rights is valid in terms of national procedures and indispensable for individuals to use their rights. The voluminous content of the subject and the sum of the number of problems that should be taken into consideration required a different course from the Human Rights Law. In the course of Human Rights Law of Procedure, subjects like auditing organs, and auditing and following procedures in Supra National Human Rights Law, the acceptability of the applications to be made to these organs are explained in general terms.

HUMANITARIAN LAW

This course may be expressed as a legal branch which integrates the body of rules concerning minimum behaviour and support required for people (fighting people or civilians) in cases of war or gun fights, and this law will be emphasized in terms of the right to war (Jus ad bellum) and rights and liabilities within the war.

In this context, the students will be given information concerning the development process of the humanitarian law, legal sources, protection of international peace and security, types of gun fight, start of the gun fight, its execution, termination and ending on ground, sea and air, neutrality legislation, assurance of the implementation of humanitarian legislation, crime types in this legislation, sanctions that may apply in case of the violation of the related laws and application remedies against violators under the light of new developments.

SECURITY LAW (Personal Security / Real Security)

In the scope of the course, the students are given theoretical and practical information about security in kind and in person regulated by law and problems that arise in practice. In this context, this course includes the subjects of bailment agreement, guarantee agreement, transfer of the unsecured claim for guarantee purpose, unsecured claim pledge (deposit pledge in banks), pledge of the claim based on valuable paper (endorsement of pledge), transfer of the pledge based on valuable paper, pledge of unsecured rights, movable pledge, immovable pledge, commercial operation pledge, banks’ letters of guarantee.