LAW
Qualification Awarded Length of Program Toplam Kredi (AKTS) Mode of Study Level of Qualification & Field of Study
4 240 FULL TIME TQF, TQF-HE, EQF-LLL, ISCED (2011):Level 6
QF-EHEA:First Cycle
TQF-HE, ISCED (1997-2013): 38

General Course Description Information

Course Code: LAW410
Course Name: ENFORCEMENT AND BANKRUPTCY LAW II
Course Semester: Spring
Course Credits:
Theoretical Uygulama Credit ECTS
3 0 3 4
Language of instruction: Turkish
Condition of Course:
Does the Course Work Experience Require?: No
Course Type : Zorunlu
Course Level:
Bachelor TQF-HE:6. Master`s Degree QF-EHEA:First Cycle EQF-LLL:6. Master`s Degree
Mode of Delivery: Face to face
Name of Coordinator: Dr. Öğr. Üyesi Mustafa Okan YAĞCI
Course Lecturer(s): Asst. Prof. Dr. Mustafa Okan YAĞCI
Course Assistants:

Objective and Contents of the Course

Course Objectives: 1. Learning of the compulsory enforcement of subjective rights by state organs.
2. Distinguishing of particular and total enforcement proceedings and knowing the details of such proceedings.
3. Knowing the officers taking part in the enforcement proceedings and their rights and responsibilities.
Course Content: In this course the following topics will be covered: foreclosure, payment of the debt by installments, the phase of forced sale, the phase of payment/partition and issuance of certificate of insolvency, enforcement through foreclosure pertaining to bill of exchange, evacuation proceeding without judgment, child delivery, enforcement proceeding with judgment, enforcement through forced sale of pledged assets, provisional attachment, bankruptcy, concordat and actio pauliana.

Learning Outcomes

The students who have succeeded in this course;
1) Exemplify the basic concepts and institutions related to Compulsory Enforcement Law.
2) Compare judicial decisions and legal regulations in the field of Compulsory Enforcement.
3) Analyze rights and powers of the parties of an enforcement proceeding and all other interested parties.
4) Identify any conflicts in every stage of an enforcement proceeding.
5) Analyze innovations and changes in the field of Compulsory Enforcement Law within the scope of comparative law, if necessary.
6) Investigate the theoretical opinions and their results in practice in the field of Compulsory Enforcement Law.

Ders Akış Planı

Week Subject Related Preparation
1) Participation to other creditor’s foreclosure, the procedure for recovery of foreclosured property, payment of the debt by installments
2) The phase of forced sale, the phase of payment/partition and issuance of certificate of insolvency
3) Enforcement through foreclosure pertaining to bill of exchange, evacuation proceeding without judgment, child delivery
4) Enforcement proceeding with judgment
5) Enforcement through forced sale of pledged assets
6) Provisional attachment
7) Case study
8) Midterm exam
9) Bankruptcy organs, persons subject to bankruptcy, reasons for banktrupcy, venue in bankruptcy, methods for banktruptcy
10) Legal consequences of bankruptcy, liquidation through bankruptcy
11) Ordinary concordat
12) Concordat after the bankruptcy, cessio bonorum, restructuring of corporations and cooperatives via reconciliation
13) Actio pauliana
14) Case study

Sources

Course Notes / Textbooks: Baki Kuru / Burak Aydın, İcra ve İflas Hukuku Ders Kitabı, 7. Baskı, Yetkin 2022.
Baki Kuru / Burak Aydın, Enforcement and Bankruptcy Law Course Book, 7th edition, Yetkin 2022.
References: Ejder Yılmaz / Ramazan Arslan / Sema Taşpınar Ayvaz / Emel Hanağası, İcra ve İflas Hukuku Ders Kitabı, 8. Baskı, Yetkin 2022.

Hakan Pekcanıtez / Meral Sungurtekin Özkan / Oğuz Atalay / Muhammet Özekes, İcra ve İflas Hukuku Ders Kitabı, 9. Baskı, On İki Levha 2022.

Contribution of The Course Unit To The Programme Learning Outcomes

Course Learning Outcomes

1

2

3

4

5

6
Program Outcomes
1) Ability to comprehend and solve legal problems, and to attain analytical and critical thought processes 1 1 1 1 1 1
2) Within the ambit of lifelong learning, to direct continuous renewal and cultivation of knowledge attained in the field of law 1 1
3) To master legal resources and legal precedents; to be able to conduct comparative legal analyses in national and international legal areas 1 1 1 1
4) To improve settlement options; to implement creative and innovative solutions 1 1 1
5) To be equipped 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 1 1 1 1
6) To attain the ability to comprehend and solve legal problems pertaining to global economy 1 1
7) To obtain knowledge of current legal subjects, through the use of the English language or any other foreign language
8) To attain professional and scientific ethical tenants in the field of law, as well as in society at large 1
9) To attain the ability to write, speak and listen effectively, in the field of law 1 1 1
10) 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 and to work effectively and efficiently 1 1
11) To contribute to the fields of maritime, the law of the sea and maritime law through establishing connection with
12) To contribute the development of law through analyzing issues from the perspective of de lege feranda 1 1 1 1
13) To learn fundamental terms of law and to obtain the ability of applying them into concrete case 1 1 1 1 1 1

Course - Learning Outcomes

No Effect 1 Lowest 2 Average 3 Highest
       
Program Outcomes Level of Contribution
1) Ability to comprehend and solve legal problems, and to attain analytical and critical thought processes 3
2) Within the ambit of lifelong learning, to direct continuous renewal and cultivation of knowledge attained in the field of law 2
3) To master legal resources and legal precedents; to be able to conduct comparative legal analyses in national and international legal areas 3
4) To improve settlement options; to implement creative and innovative solutions 3
5) To be equipped 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 3
6) To attain the ability to comprehend and solve legal problems pertaining to global economy 2
7) To obtain knowledge of current legal subjects, through the use of the English language or any other foreign language
8) To attain professional and scientific ethical tenants in the field of law, as well as in society at large 1
9) To attain the ability to write, speak and listen effectively, in the field of law 3
10) 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 and to work effectively and efficiently 2
11) To contribute to the fields of maritime, the law of the sea and maritime law through establishing connection with
12) To contribute the development of law through analyzing issues from the perspective of de lege feranda 3
13) To learn fundamental terms of law and to obtain the ability of applying them into concrete case 3

Learning Activities and Teaching Methods

Assessment & Evaluation Methods of the Course Unit

Assessment & Grading

Semester Requirements Number of Activities Level of Contribution
Midterms 1 % 40
Semester Final Exam 1 % 60
Total % 100
PERCENTAGE OF SEMESTER WORK % 40
PERCENTAGE OF FINAL WORK % 60
Total % 100

Workload & ECTS Credits of The Course Unit

Aktiviteler Number of Activities Duration (Hours) Workload
Course 14 3 42
Study Hours Out of Class 14 4 56
Midterms 1 2 2
Semester Final Exam 1 2 2
Total Workload 102