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Information
| Unit | FACULTY OF LAW |
| LAW PR. | |
| Code | HF406 |
| Name | Private International Law II |
| Term | 2017-2018 Academic Year |
| Semester | 8. Semester |
| Duration (T+A) | 3-0 (T-A) (17 Week) |
| ECTS | 3 ECTS |
| National Credit | 3 National Credit |
| Teaching Language | Türkçe |
| Level | Üniversite Dersi |
| Type | Normal |
| Label | C Compulsory |
| Mode of study | Yüz Yüze Öğretim |
| Catalog Information Coordinator | Doç. Dr. CEMRE TÜYSÜZ |
| Course Instructor |
Doç. Dr. CEMRE TÜYSÜZ
(Bahar)
(A Group)
(Ins. in Charge)
|
Course Goal / Objective
The aim of the course is to make Private international law understandable.
Course Content
Private international law, general principles of private international law, legal actions and the regime which they are subject to in private international law, the rules of conflict of laws, international procedural law, the general principles of international procedural law, international jurisdiction of the Turkish courts, recognition and enforcement of foreign judgments, recognition of foreign arbitral awards and enforcement.
Course Precondition
Resources
Notes
Course Learning Outcomes
| Order | Course Learning Outcomes |
|---|---|
| LO01 | Learning foreign element and finding the applicable law for the events concerning foreign issues. |
| LO02 | Learning international civil procedure law and the jurisdiction of Turkish courts. |
| LO03 | Learning International Commercial Arbitration. |
Relation with Program Learning Outcome
| Order | Type | Program Learning Outcomes | Level |
|---|---|---|---|
| PLO01 | - | Has theoretical information of legal systems, rules, and review methods | |
| PLO02 | - | Has a basic knowledge of the codification process and how to use newly gained legal knowledge in their work environment. | |
| PLO03 | - | Has sufficient knowledge of the common laws that govern the use of skilled workers in the public and private sector | |
| PLO04 | - | Knows the historical and sociological development process of law and legal norms | |
| PLO05 | - | Has knowledge of the relevant regulations, decisions of judicial bodies, their development and the relevant scientific assessments. | |
| PLO06 | - | Communicates with colleagues in a foreign language and keeps up with international developments in the field of law. | |
| PLO07 | - | Develops critical thinking skills in order to re-interpret laws according to the needs of humanity | |
| PLO08 | - | Has general legal knowledge in the field of information systems and demonstrates the ability to use required soft wares | |
| PLO09 | - | Understands and uses the basic concepts of law; has the ability to conduct legal and normative research, predicts outcomes of decisions taken, develops strategical solutions while taking into account cause and effect relationships. | |
| PLO10 | - | Knows how to access and use local and international law sources. | |
| PLO11 | - | Knows the rules regulating the relationship between the state and society,and between the estate and the individual, and can interpret these rules. | |
| PLO12 | - | Has the ability to work in groups, participate in class activities, analyze hypothetical case studies and to attend professional and academic visits. | |
| PLO13 | - | Is legally objective and has an impartial attitude towards daily events, is honest and morally ethical; all of which are characteristics or equired of lawyers. | |
| PLO14 | - | Has written and oral communication skills, can convey ideas to other using persuasive speech, is capable of producing alternative solutions and can analyze information. | |
| PLO15 | - | Conducts scientific studies in the field. | |
| PLO16 | - | Has the skills needed to work as a judge, prosecutor, lawyer, notaryor legal counsel after graduating from the School of law. | |
| PLO17 | - | Takes on tasks; the administrative organization of the country´s governor, the governor, the chief of police, inspectors, also in areas such as banking and finance senior positions and so on. |
Week Plan
| Week | Topic | Preparation | Methods |
|---|---|---|---|
| 1 | Law of Conflict of Laws: Introduction, sources, types, methods, interests, the structure of the linking rules | Research on academic resources | |
| 2 | Conflict of Laws , Public Problems: qualification, changes in status, attribution | Research on academic resources | |
| 3 | General Problems of Law, Conflict of Laws: Public order, Rules applied directly, application of foreign law | Research on academic resources | |
| 4 | Special Section: the law applicable to the form of legal proceedings, the law governing the statute of limitations, drivers license, guardianship, interdiction, law applicable to trustee. | Research on academic resources | |
| 5 | Engagement, marriage requirements, shape and general provisions of the applicable law, the law governing marriage property, the law applicable to divorce | Research on academic resources | |
| 6 | Descent (and the provisions of the establishment), adoption, child support, inheritance law applicable to | Research on academic resources | |
| 7 | Benefits in kind (property and limited real rights); contractual debt relationships (general terms, agency) | Research on academic resources | |
| 8 | Midterm | Research on academic resources | |
| 9 | Contractual Obligations: Special Provisions (relating to real estate contracts, consumer protection, employment contracts for the carriage of goods and intellectual rights) | Research on academic resources | |
| 10 | Obligations of Torts: General provisions, unfair competition, competitive inhibition, personality, responsibility for violation of the rights of the manufacturers non-contractual | Research on academic resources | |
| 11 | International Civil Procedure Law: Introduction, scope, procedures and procedural issues, the law applicable to the proceedings of the Turkish jurisdiction of the courts | Research on academic resources | |
| 12 | As in domestic law the principles and rules of general jurisdiction, special jurisdiction rules (in cases related to personal states of the Turks, derdestlik, inheritance cases) | Research on academic resources | |
| 13 | Special Authorization Policies (continued): Consumer, Insurance Litigation Related to the Convention; authorization agreement, guarantee, foreign state immunity from prosecution | Research on academic resources | |
| 14 | Connecting the internal legal result of foreign court decisions: Recognition and enforcement of foreign judgments | Research on academic resources | |
| 15 | Recognition and enforcement of foreign arbitral awards | Research on academic resources | |
| 16 | Final Exam | Research on academic resources | |
| 17 | Final Exam | Research on academic resources |
Assessment (Exam) Methods and Criteria
| Assessment Type | Midterm / Year Impact | End of Term / End of Year Impact |
|---|---|---|
| 1. Midterm Exam | 100 | 40 |
| General Assessment | ||
| Midterm / Year Total | 100 | 40 |
| 1. Final Exam | - | 60 |
| Grand Total | - | 100 |