The aim of the course is to teach share transfer in joint stock companies, legal nature and format of it, rights and duties of the parties, restrictions arising from law and articles of incorporation, by taking in consideration the norms of Obligations Law and Commercial Law and especially in comparison with German and Swiss Law Systems and to gain the ability to solve concrete disputes.
Prerequisite(s)
None
Corequisite(s)
None
Special Requisite(s)
Being rational and sceptical; having the ability to think critically, solve problems, turn the theoritic information into practice, manage the knowledge, and make decisions.
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POROY / TEKİNALP / ÇAMOĞLU; Ortaklıklar ve Kooperatif Hukuku, İstanbul, 2010.
Other Sources
-Old Turkish Commercial Code (law number 6762), New Turkish Commercial Code (law number 6102), Supreme Court Decisions, Scientific Articles and Case Studies
Course Schedules
Week
Contents
Learning Methods
1. Week
General information on the aim and concept of the course; information on method of the course; the materials related to method of the course
OP
2. Week
The concepts of stock and stock certificate in joint stock companies
OP
3. Week
Acquisition of stock ownership in joint stock companies
OP
4. Week
The rights and duties of the stock owner provided by the stock certificate
OP
5. Week
Types of stock certificate
OP
6. Week
Stock certificates as a tool of capital market
OP
7. Week
Share transfer subject to stock certificate
OP
8. Week
Share transfer subject to stock certificate
OP
9. Week
Transfer of registered share certificates, transfer of share which is not subject to a certificate
OP
10. Week
Transfer of debenture stocks, transfer of share in right of preemption or right of new share
OP
11. Week
Evaluation of share transfer according to New Turkish Commercial Code
OP
12. Week
Seminar
OP
13. Week
Seminar
OP
14. Week
Seminar
OP
15. Week
Final Week
16. Week
Final Week
17. Week
Final Week
Assessments
Evaluation tools
Quantity
Weight(%)
Homework / Term Projects / Presentations
1
70
Attendance
1
30
Program Outcomes
PO-1
1. Improve current and advanced knowledge about concepts and institutions in the field of private law and its subdisciplines in a way to be expertise level with specific thought and research; make them deep and reach specific definition and descriptions containing novelty regarding the said concepts and institutions;
PO-2
2. Analyse and evaluate the theory and practice in the field of private law and subdisciplines by using the knowledge obtained in expert level and reach new and specific results and thoughts accordingly;
PO-3
3. Evaluate and use the knowledge obtained in the field of private law and subdisciplines in research and/or expertise level with a theoretic and systematic approach;
PO-4
4. Evaluate a present concept or institution in the field of private law and subdisciplines with a new thought, approach or method or search, analyse a new concept or institution with a specific perspective;
PO-5
5. Develop solution offers regarding law policy based on theoretic and practical knowledge;
PO-6
6. Evaluate a present concept or institution in the field of private law and subdisciplines with a new approach and search a new concept or institution with a specific perspective; carry out a specific study independently in accordance with this and contribute to law theory and practice;
PO-7
7. Contribute to the development of law theory and practice by publishing at least one scientific article in magazines which are peculiar to law field, which are with national or international arbitration and/or which are prestigious and/or by producing a specific work;
PO-8
8. Develop new thoughts and methods using high level mental processes such as creative and critical thinking, issue solving and decision making in the field of private law and subdisciplines;
PO-9
9. Defend specific opinions during the discussion of the subjects regarding the field of private law and subdisciplines with those who are expert in the said fields and establishing an effective communication in a way to show the competency in this field;
PO-10
10. Follow and discuss the knowledge in the field of law and contacting with colleagues by speaking a foreign language competently;
PO-11
11. Establish a functional interaction by using strategic decision-making processes in the solution of issues which result from law theory and practice and which affect social life;
PO-12
12. Generalize the approach of honesty, fairness and ethics required for being a lawyer and carry out activity for making this approach dominant in the community;
PO-13
13. Contribute to create law and fairness awareness in the community and to the process of continuing this by introducing the values in the field of law to the community.
Learning Outcomes
LO-1
Have the ability to evaluate and distinguish the legal relations causing share transfer agreement.
LO-2
Have the ability to interpret the articles set forth in the Turkish Commercial Code in force and the New Turkish Commercial Code, and the legislation, and different regulations set forth by legislation.
LO-3
Have the ability to draw up a share transfer agreement.
LO-4
Have detailed knowledge on the procedure to be followed in share transfer and have the ability to determine the applicable law.
LO-5
Have the ability to determine the rights and duties of the parties in case of an invalid share transfer.
