ADA204 Bankruptcy LawIstinye UniversityDegree Programs JusticeGeneral Information For StudentsDiploma SupplementErasmus Policy StatementNational Qualifications
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Associate TR-NQF-HE: Level 5 QF-EHEA: Short Cycle EQF-LLL: Level 5

Course Introduction and Application Information

Course Code: ADA204
Course Name: Bankruptcy Law
Semester: Spring
Course Credits:
ECTS
6
Language of instruction: Turkish
Course Condition:
Does the Course Require Work Experience?: No
Type of course: Compulsory Courses
Course Level:
Associate TR-NQF-HE:5. Master`s Degree QF-EHEA:Short Cycle EQF-LLL:5. Master`s Degree
Mode of Delivery: Face to face
Course Coordinator: Öğr. Gör. VEHBİ DOĞAN
Course Lecturer(s): Öğr. Gör. VEHBİ DOĞAN
Course Assistants:

Course Objective and Content

Course Objectives: In the course of enforcement and bankruptcy law, the sources of enforcement and bankruptcy law, the enforcement agency, the general lien, the debt, the debtor and the creditor mean what it means. The main function of the course is to explain how the debt will be handled by the State. In addition, the results of the bankruptcy and concordato are also examined within the course.
Course Content: The execution phase of the albeit narrow and distressing relationship between the creditor and the borrower is important not only for the fulfillment of an individual right of the parties but also for the conditions and forms to which this fulfillment is subject. Understanding of the aims and principles of executive law which emerged as a part of social and economic politics, the structure of institutions forming executive organs and follow-up paths constitute the course.

Learning Outcomes

The students who have succeeded in this course;
1) Learns general information about enforcement law, principles, crimes and penalties and cases.
2) The student learns the ways in which a creditor can get her/his debt with the coercive power of the state.
3) Learns the procedures of the enforcement law regarding the actions to be taken by the enforcement bodies, the creditor, the debtor and the third parties in the enforcement proceedings.
4) Knows the procedural procedures of institutions that the creditor and debtor can agree.

Course Flow Plan

Week Subject Related Preparation
1) General Information on Enforcement Law
2) Enforcement bodies, Complaints, Fees and Expenses, Duration, Notification, suspension and postponement status
3) General Enforcement, Follow-up Request by General Seizure, Payment Order and Objection to Payment Order
4) Continuation of execution, Cancellation of Objection and Abolition of Objection, Negative Determination and restitution Case, Cancellation and Postponement of Execution Proceedings, Declaration of Property
5) Attachment
6) Sale and Sharing of Money, Insolvency
7) Enforcement through Money Receivables Arising from Subscription Contracts, Enforcement through Foreclosure Specific to negotiable instruments, Evacuation of the Leased Property
8) Midterm exam
9) Execution of the Judgment, Prudential Seizure
10) Bankruptcy Law, Bankruptcy Bodies, Reasons for Bankruptcy, Bankruptcy Request and Bankruptcy Case
11) Bankruptcy Liquidation
12) Concordat
13) Annulment Actions, Execution and Bankruptcy Crimes
14) An overview
15) FİNAL EXAM

Sources

Course Notes / Textbooks: Hakan Pekcanıtez, Oğuz Atalay, Muhammet Özekes, Medeni Usul Hukuku Temel Bilgiler, 2020, Oniki Levha Yayınları, İstanbul;
Murat Atalı, İbrahim Ermenek, Medeni Usul Hukuku (Temel Hukuk Dizisi), 2020, Ankara
References: Ders Notları

Course - Program Learning Outcome Relationship

Course Learning Outcomes

1

2

3

4

Program Outcomes
1) Has the ability to understand, comprehend and use what he / she reads as the basic legal concepts. 3
2) Has knowledge about the main differences and consequences of private law and public law. 3
3) Learns the analytical thinking method and has the ability to compare and use legal concepts. 3 3 2
4) Gains the ability to use theoretical knowledge in practical application through case studies. 3 3 3 1
5) Comprehensive knowledge of the structure and functioning of the judiciary can be done in order to determine the authorities in which legal problems can be solved. 2 3 3 1
6) Has the ability to access and use the information sources of the law effectively and has the ability of self-improvement in the vocational field by adapting to the changes. 2 3 3 1
7) Have comprehensive knowledge and skills about information technologies required by judicial mechanism. 3 3 3 1
8) To be able to have knowledge about the structure, duties and functioning of the state organization and follow the necessary legislation. 3 3 3 1
9) Have comprehensive knowledge about the individual's rights and obligations arising from the domestic law as well as the international law and is capable of reflecting this knowledge to the practical application. 2 3 3 1
10) Express the legal knowledge effectively both in written and oral form in accordance with the requirements of the profession. 2 3 3 2
11) It uses information and communication technologies together with computer software at the basic level of at least European Computer use license required by the field. 2 3 3 3
12) Has knowledge about pen legislation and can use forensic correspondence by using a quick keyboard. 1 1 2 3
13) Have knowledge about the specific rules and professional ethics of the professions in the field of law and have the competence to apply them to his / her profession. 3 3 3
14) He / She assimilates the structure and rules of the Turkish language and is competent to apply this knowledge to the accepted standards of legal texts. 3 3 3 3
15) He / she follows developments in his / her field and communicates with his / her colleagues at the A2 level in terms of European Language Portfolio criterion according to education level. 3 3 3 3

Course - Learning Outcome Relationship

No Effect 1 Lowest 2 Average 3 Highest
       
Program Outcomes Level of Contribution
1) Has the ability to understand, comprehend and use what he / she reads as the basic legal concepts. 3
2) Has knowledge about the main differences and consequences of private law and public law. 1
3) Learns the analytical thinking method and has the ability to compare and use legal concepts. 1
4) Gains the ability to use theoretical knowledge in practical application through case studies. 2
5) Comprehensive knowledge of the structure and functioning of the judiciary can be done in order to determine the authorities in which legal problems can be solved. 3
6) Has the ability to access and use the information sources of the law effectively and has the ability of self-improvement in the vocational field by adapting to the changes. 2
7) Have comprehensive knowledge and skills about information technologies required by judicial mechanism. 3
8) To be able to have knowledge about the structure, duties and functioning of the state organization and follow the necessary legislation. 2
9) Have comprehensive knowledge about the individual's rights and obligations arising from the domestic law as well as the international law and is capable of reflecting this knowledge to the practical application. 2
10) Express the legal knowledge effectively both in written and oral form in accordance with the requirements of the profession.
11) It uses information and communication technologies together with computer software at the basic level of at least European Computer use license required by the field.
12) Has knowledge about pen legislation and can use forensic correspondence by using a quick keyboard.
13) Have knowledge about the specific rules and professional ethics of the professions in the field of law and have the competence to apply them to his / her profession. 1
14) He / She assimilates the structure and rules of the Turkish language and is competent to apply this knowledge to the accepted standards of legal texts. 1
15) He / she follows developments in his / her field and communicates with his / her colleagues at the A2 level in terms of European Language Portfolio criterion according to education level.

Assessment & Grading

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

Workload and ECTS Credit Calculation

Activities Number of Activities Preparation for the Activity Spent for the Activity Itself Completing the Activity Requirements Workload
Course Hours 14 2 3 70
Study Hours Out of Class 14 0 2 28
Midterms 1 8 1 9
Final 1 17 1 18
Total Workload 125