Concepts/Institutions related to Transportation law from the perspective of New Turkish Commercial C
Course Code
Semester
Course Name
LE/RC/LA
Course Type
Language of Instruction
ECTS
OHD2206
Concepts/Institutions related to Transportation law from the perspective of New Turkish Commercial C
3/0/0
DE
7
Course Goals
-"Carriage/Transportation" is organized between articles 859 and 930 of the new Turkish Commercial Code (6102) in the Turkish legal system. The New Turkish Commercial Code includes the provisions applied to sea, rail and air transport and carriage outside the scope of postal service. The aims of the course are to teach the general principles of transport law and the ability to resolve the problems encountered in practice since a large part of transport and transport services is performed by road in Turkey.
Prerequisite(s)
None
Corequisite(s)
None
Special Requisite(s)
Rational, questioner, critical thinker, problem solver candidates and decision makers who seek the application of the theoretical knowledge in practice and manage information.
Instructor(s)
Professor Merih Kemal OMAĞ
Course Assistant(s)
Schedule
Wednesday, Room H-404
Office Hour(s)
Prof. Dr. Merih Kemal OMAĞ,
Wednesday 14:00/16:00, Thursday 14:00/16:00, Room H-404
Teaching Methods and Techniques
-Oral lecture and practical study
Principle Sources
-
1. Hüseyin Ülgen, Uluslararası Taşımacılık ve Hukuki Sorunları, İstanbul Ticaret Odası, İstanbul 1988.
2. Sabih Arkan, Karada Yapılan Eşya Taşımalarında Taşıyıcının Sorumluluğu,Ankara,1982
3. Alihan Aydın, CMR'ye Göre Taşıyıcının Zıya, Hasar ve Gecikmeden Doğan Sorumluluğu, 2. Bası, İstanbul 2006.
Other Sources
-CMR (Convention on the Contract for the International Carriage of Goods by Road), Former Turkish Commercial Law (No 6702), New Turkish Commercial Law (No 6102), Practices of Supreme Court, Academic Journals and Practical Studies
Course Schedules
Week
Contents
Learning Methods
1. Week
General information about the purpose and content of the course, giving information about the teaching method of the course, providing the course materials for students, resources of transport law, legislation, provisions applied to transport contracts, national and international regulations,Transport contracts -establishment-transportation by various divisions
Oral lecture
2. Week
Parties and parties of interest in transport contracts.
Oral lecture
3. Week
Bill of lading, its arrangement and conclusive force
Oral lecture
4. Week
Carrier's rights and obligations
Oral lecture
5. Week
Receipt and delivery of goods, delivery obstacles, transport obstacles
Oral lecture
6. Week
Carrier's liability
Oral lecture
7. Week
Item maintenance and oversight responsibility (liability arising from injury or damage)
Oral lecture
8. Week
Mid term exam
9. Week
Carrier's liability and other liability arising form the breach of the duration of transport
Oral lecture
10. Week
Avoidance of responsibility of carrier and cases for avoidance,The scope of the compensation paid by the carrier
Oral lecture
11. Week
Rights and obligations of consignor/consignee,The burden of proof in suits filed against the carrier -Prescription
Oral lecture
12. Week
Seminar
13. Week
Seminar
14. Week
Seminar
15. Week
Term Exam Week
16. Week
Term Exam Week
17. Week
Term Exam Week
Assessments
Evaluation tools
Quantity
Weight(%)
Midterm(s)
1
20
Homework / Term Projects / Presentations
1
10
Attendance / Participation
1
10
Final Exam
1
60
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
Recognizes the elements of the contract of carriage, in this context has the information to qualify primary aspects of the contract, as well as other stakeholders, agents and helpers.
LO-2
Learns the provisions applied to the transport contract and their order, the general principles and concepts and applies them to specific cases.
LO-3
Has information on various international contracts in transport law and distinguishes from other contracts by knowing especially CMR system in detail.
LO-4
Has knowledge about the rules for the carrier's liability and assesses the carrier's rights and obligations concerning national and international regulations
LO-5
Has the knowledge and ability to evaluate, which will help to distinguish current transportation law issues