TÜRKÇE
ENGLISH
Information
| Code | ÖH2730 |
| Name | Liability and Compensation Law |
| Term | 2022-2023 Academic Year |
| Term | Spring |
| Duration (T+A) | 3-0 (T-A) (17 Week) |
| ECTS | 6 ECTS |
| National Credit | 3 National Credit |
| Teaching Language | Türkçe |
| Level | Yüksek Lisans Dersi |
| Type | Normal |
| Mode of study | Yüz Yüze Öğretim |
| Catalog Information Coordinator | |
| Course Instructor |
1 |
Course Goal / Objective
In private law, in case the debtor acts in breach of his debt in the presence of a contractual relationship between the parties, in cases where there is no contractual relationship between the parties, for tortious act, unjust enrichment, acting without a power of attorney, liability from pre-contractual negotiations and strict liability stipulated in the law, for compensation of the damaged person. In case of filing a lawsuit against the responsible and/or responsible persons, it is the examination of the compensation request by considering the liability conditions one by one for each type of liability.
Course Content
In private law, in case the debtor acts in breach of his debt in the presence of a contractual relationship between the parties, in cases where there is no contractual relationship between the parties, for tortious act, unjust enrichment, acting without a power of attorney, liability from pre-contractual negotiations and strict liability stipulated in the law, for compensation of the damaged person. In case of filing a lawsuit against the responsible and/or responsible persons, it is the examination of the compensation request by considering the liability conditions one by one for each type of liability.
Course Precondition
The course has no prerequisites.
Resources
Fikret Eren, Borçlar Hukuku Genel Hükümler, Ankara 2022. Haluk Tandoğan, Türk Mesuliyet Hukuku, İstanbul 2010.
Notes
Fikret Eren, Borçlar Hukuku Genel Hükümler, Ankara 2022. Haluk Tandoğan, Türk Mesuliyet Hukuku, İstanbul 2010.
Course Learning Outcomes
| Order | Course Learning Outcomes |
|---|---|
| LO01 | Learning the concept of responsibility and types of responsibility. |
| LO02 | The student learns the concept of strict liability and examines in detail the responsibilities of equity, cause and danger, which are the types of strict liability, and assimilates its conditions. |
| LO03 | Examines the Supreme Court decisions regarding traffic accidents, medical malpractice and recourse compensation, which are frequently encountered in practice, and has a command of the practice. |
| LO04 | Understanding the types of compensation in connection with the events in practice. |
Relation with Program Learning Outcome
| Order | Type | Program Learning Outcomes | Level |
|---|---|---|---|
| PLO01 | Bilgi - Kuramsal, Olgusal | To have sufficient theoretical knowledge about basic law rules and legal methodology in the field of private law | 5 |
| PLO02 | Bilgi - Kuramsal, Olgusal | Identify legal problems | 4 |
| PLO03 | Beceriler - Bilişsel, Uygulamalı | To be able to use legal interpretation methods effectively in order to find solutions to the identified legal problems | 5 |
| PLO04 | Bilgi - Kuramsal, Olgusal | To be able to do research on legal problems | |
| PLO05 | Bilgi - Kuramsal, Olgusal | Ability to take responsibility individually or as a team member to solve complex legal problems | 5 |
| PLO06 | Bilgi - Kuramsal, Olgusal | To be able to evaluate the legal problems separately from the critical point of view | 3 |
| PLO07 | Beceriler - Bilişsel, Uygulamalı | To be able to use the technical law knowledge in the field of private law, both in Turkish and English, orally and in writing, and to be able to explain his / her personal opinions and evaluations about a specific legal issue in verbal or written form. | |
| PLO08 | Bilgi - Kuramsal, Olgusal | To be able to follow the legal literature at national and international level, to continuously develop and update the knowledge of technical law, to use information and communication technologies for this purpose | 4 |
| PLO09 | Yetkinlikler - Alana Özgü Yetkinlik | To be able to make comparative research and research among various legal systems | 5 |
| PLO10 | Bilgi - Kuramsal, Olgusal | To be able to solve current legal problems within the framework of contemporary legal approaches | |
| PLO11 | Bilgi - Kuramsal, Olgusal | Have the ability to interpret the rules of law which regulate the relations between private law persons and to interpret these rules | 3 |
| PLO12 | Bilgi - Kuramsal, Olgusal | To have the competency to carry out advanced studies independently by evaluating the knowledge about private law | 5 |
| PLO13 | Beceriler - Bilişsel, Uygulamalı | To have the ability to use theoretical and practical knowledge in the field of private law | |
| PLO14 | Yetkinlikler - Öğrenme Yetkinliği | To be able to transfer current developments in private law and their studies at different levels in written, oral and visual | 4 |
| PLO15 | Bilgi - Kuramsal, Olgusal | To be able to master the legal regulations and practices related to economic and financial mechanisms | 5 |
| PLO16 | Yetkinlikler - Alana Özgü Yetkinlik | To have the ability of understanding and processing the national and international dimensions of law by following the case law and practices. | 5 |
| PLO17 | Bilgi - Kuramsal, Olgusal | To have the competence to observe, teach and control social, scientific and ethical values in the stages of collection, interpretation and announcement of data related to private law field | |
| PLO18 | Yetkinlikler - İletişim ve Sosyal Yetkinlik | To be able to criticize social relations and related norms, to develop them and to take action if necessary to change them. | 3 |
| PLO19 | Bilgi - Kuramsal, Olgusal | Improving the legal judgment of individuals |
Week Plan
| Week | Topic | Preparation | Methods |
|---|---|---|---|
| 1 | introduction of the subject and liability law in general | reading | Öğretim Yöntemleri: Anlatım |
| 2 | fundamentals of liability law | reading | Öğretim Yöntemleri: Anlatım |
| 3 | types of liability | reading | Öğretim Yöntemleri: Anlatım |
| 4 | types of liability | reading | Öğretim Yöntemleri: Anlatım |
| 5 | terms of liability | reading | Öğretim Yöntemleri: Anlatım |
| 6 | terms of liability | reading | Öğretim Yöntemleri: Anlatım |
| 7 | Examination of Supreme Court decisions on the subject | reading | Öğretim Yöntemleri: Tartışma |
| 8 | Mid-Term Exam | reading | Ölçme Yöntemleri: Yazılı Sınav |
| 9 | liability for breach of contract | reading | Öğretim Yöntemleri: Anlatım |
| 10 | tort liability | reading | Öğretim Yöntemleri: Anlatım |
| 11 | types of strict liability | reading | Öğretim Yöntemleri: Anlatım |
| 12 | types of strict liability | reading | Öğretim Yöntemleri: Anlatım |
| 13 | liability for unjust enrichment | reading | Öğretim Yöntemleri: Anlatım |
| 14 | Examination of Supreme Court decisions on the subject | reading | Öğretim Yöntemleri: Tartışma |
| 15 | Examination of Supreme Court decisions on the subject | reading | Öğretim Yöntemleri: Tartışma |
| 16 | Examination of Supreme Court decisions on the subject | reading | Öğretim Yöntemleri: Tartışma |
| 17 | Term Exams | reading | Ölçme Yöntemleri: Yazılı Sınav |
Student Workload - ECTS
| Works | Number | Time (Hour) | Workload (Hour) |
|---|---|---|---|
| Course Related Works | |||
| Class Time (Exam weeks are excluded) | 14 | 3 | 42 |
| Out of Class Study (Preliminary Work, Practice) | 14 | 5 | 70 |
| Assesment Related Works | |||
| Homeworks, Projects, Others | 0 | 0 | 0 |
| Mid-term Exams (Written, Oral, etc.) | 1 | 15 | 15 |
| Final Exam | 1 | 30 | 30 |
| Total Workload (Hour) | 157 | ||
| Total Workload / 25 (h) | 6,28 | ||
| ECTS | 6 ECTS | ||