With respect to improvements in modern law , reciting to the students the responsibility for torts and unjustifiable enrichment, distinctive obligatory relationships, by going about with practice courses
Prerequisite(s)
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Corequisite(s)
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Special Requisite(s)
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Instructor(s)
Professor Mehmet İlhan ULUSAN
Course Assistant(s)
Schedule
Tuesday-Wednesday, 13:00-14:45, Lecture Hall 6
Office Hour(s)
Prof.Dr. İlhan Ulusan, i.ulusan@iku.edu.tr
Teaching Methods and Techniques
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Oral lecture, Practical Studies
Principle Sources
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1. Borçlar Hukuku Genel Hükümler, Prof.Dr.M.Kemal OĞUZMAN-Prof.Dr.M.Turgut ÖZ, Vedat Kitapçılık, İstanbul 2022.
2. Tekinay Borçlar Hukuku Genel Hükümler, TEKİNAY/AKMAN/BURCUOĞLU/ALTOP, İstanbul, 1993.
3. Borçlar Hukuku Genel Hükümler, Prof.Dr. Ahmet KILIÇOĞLU, 2022.
4. Borçlar Hukuku Genel Hükümler, Prof.Dr. Safa REİSOĞLU, 2014.
5. Borçlar Hukuku Genel Bölüm, Borçlar Hukukuna Giriş Hukuki İşlem Sözleşme, Prof.Dr. Necip KOCAYUSUFPAŞAOĞLU, Prof.Dr.Hüseyin HATEMİ, Prof.Dr. Rona SEROZAN, Prof.Dr. Abdülkadir ARPACI, 2017.
Other Sources
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Jurisdictions, related doctrine
Course Schedules
Week
Contents
Learning Methods
1. Week
Concept of tort liability, tendencies in regulation of tort liability.
Oral Lectures, Practical Studies
2. Week
Elements of the liability based on fault: Unlawful act and damage.
Oral Lectures, Practical Studies
3. Week
Elements of the liability based on fault:
Fault, causal connection (causality)
Oral Lectures, Practical Studies
4. Week
Compensation for material damage in fault based liability.
Oral Lectures, Practical Studies
5. Week
Responsibilities without fault:
Employers liability, liability of animal holder.
Oral Lectures, Practical Studies
6. Week
Responsibilities without fault:
Liability of the owner of building or another construction, liability of incompetents, liability for inflicting damage in a desperate situation.
Oral Lectures, Practical Studies
7. Week
Responsibilities without fault:
Liabilities figured out in Highway Traffic Act, liability of those who contaminate enviroment according to Enviroment Act, Other liabilities without fault.
Oral Lectures, Practical Studies
8. Week
Compensation for pain and suffering, existence of multiple sources for liability or multiple liable persons
Oral Lectures, Practical Studies
9. Week
Compensation for pain and suffering, existence of multiple sources for liability or multiple liable persons
Oral Lectures, Practical Studies
10. Week
Enjustifiable enrichment
Oral Lectures, Practical Studies
11. Week
Commitment (promise) for act of third person
Contract for the benefit of the third person
Oral Lectures, Practical Studies
12. Week
Joint (solidary) indebtedness, solidarity among creditors
Transfer of claim ( assignment)-Transfer of obligation.
Oral Lectures, Practical Studies
15. Week
FINAL EXAM
16. Week
FINAL EXAM
17. Week
FINAL EXAM
Assessments
Evaluation tools
Quantity
Weight(%)
Final Exam
1
100
Program Outcomes
PO-1
Have the ability to reach and evaluate information sources;
PO-2
Have the ability to use, compare, interpret, deduce from and apply scientific data;
PO-3
Have historical knowledge enabling to interpret modern law achievements;
PO-4
Have the ability to use Turkish efficiently verbally and in written;
PO-5
Have the ability to follow up professional literature at least in a foreign language;
PO-6
Have acquired professional and ethical sense of responsibility;
PO-7
Have the ability to use vocational information technologies efficiently for solution of legal problems;
PO-8
Have the ability to apply information acquired to solution of a concrete case;
PO-9
Have full knowledge of legal rules which regulate relationship among natural legal persons and have the ability to interpret such rules;
PO-10
Have full knowledge of legal rules which regulate relationship between individual and state and have the ability to interpret such rules;
PO-11
Have the ability to practice the profession as a lawyer who adopts universal principles of law;
PO-12
Have full knowledge of basic concepts and rules regarding structure and relationship manners of international community; have the ability to interpret and discuss about the foregoing;
PO-13
Have basic knowledge enabling to evaluate international community’s common issues and their possible solutions;
PO-14
Have knowledge enabling to apply to human rights bodies having a supranational judicial quality and to follow up the process;
PO-15
Have knowledge on European Union Acquis Communautaire and operation of its institutions;
PO-16
Have a world view enabling to question, criticize and develop law in direction with needs of humanity;
PO-17
Have knowledge on historical development process of jurisprudence and judicial systems;
PO-18
Have the ability to solve actual legal problems within the frame of contemporary legal approaches;
PO-19
Be at the level of understanding and knowledge which reflects all qualities in the best way required by the profession on national and international scale;
PO-20
Have full knowledge of legal arrangements and practices regarding economic and financial mechanisms;
PO-21
Have knowledge on historical development of rights of individuals and societies and on basic texts adopted during the process;
PO-22
Have the ability to express himself individually and before a group;
PO-23
Have the ability to use, compare, interpret, deduce from and apply scientific data;
PO-24
Have the ability to follow up regulations and legal quests in order to meet new needs appeared within the frame of relationships between individuals;
PO-25
Have the ability to cooperate by implementing activities during courses, hypothetical law suits and judicial studies and other vocational and academic visits;
PO-26
Have the ability to understand and handle national and international dimensions of law, jurisprudence and practices by means of follow up;
PO-27
Have knowledge of international judicial bodies and their ways of operation.
Learning Outcomes
LO-1
1. Having detailed information on the origin and development of notion of tort
LO-2
2. Having detailed information and comprehensive perception on the concept of severe (objective) liability, species of such liability, how it occurs, its site and impotance in modern law
LO-3
3.Having capacity to contemplate the emergence conditions of the responsibility for unjastifiable enrichment and the content of restoration obligation arised from unjustifiable enrichment.
LO-4
4.Having capacity to understand the nature of triangular (three sided) relationships and characters of each types of them, and also having competence in annotation and implementation of them for the solution of conflicts by taking the Court of Cassations descisions into considiration
LO-5
5.Having detailed information about concept of solidarity (joint liability) in law, diversity of solidarity, and having competence in implementation of this institution.