"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.
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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
Oral lecture
2. Week
Transport contracts -establishment-transportation by various divisions
Oral lecture
3. Week
Parties and parties of interest in transport contracts.
Oral lecture
4. Week
Bill of lading, its arrangement and conclusive force
Oral lecture
5. Week
Carrier's rights and obligations
Oral lecture, practical study
6. Week
Receipt and delivery of goods, delivery obstacles, transport obstacles
Oral lecture, practical study
7. Week
Carrier's liability I
Oral lecture, practical study
8. Week
Carrier's liability II
Oral lecture, practical study
9. Week
Item maintenance and oversight responsibility (liability arising from injury or damage)
Oral lecture, practical study
10. Week
Carrier's liability and other liability arising form the breach of the duration of transport
Oral lecture, practical study
11. Week
Avoidance of responsibility of carrier and cases for avoidance
Oral lecture, practical study
12. Week
The scope of the compensation paid by the carrier
Oral lecture, practical study
13. Week
Rights and obligations of consignor/consignee
Oral lecture, practical study
14. Week
The burden of proof in suits filed against the carrier -Prescription
Oral lecture, practical study
15. Week
Term Exam Week
16. Week
Term Exam Week
17. Week
Term Exam Week
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
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
