Faculty of Law

HUK 402 | Course Introduction and Application Information

Course Name
Enforcement and Bankruptcy Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 402
Fall/Spring
3
0
3
4

Prerequisites
None
Course Language
Turkish
Course Type
Service Course
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course -
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives It is aimed to internalize the bankruptcy and its consequences and the liquidation, in which special enforcement procedures, especially of the court decisions, are also examined.
Learning Outcomes The students who succeeded in this course;
  • Understand the principles of the execution which is initiated by the creditors if the the debtor does not pay debts.
  • Legal instrument used against debtor subjected to bankrupt and doesn't pay debts
Course Description Following topics will be covered during this course: Sources of enforcement law, bankruptcy instutions, enforcement fees, parties of debt enforcement process, debt enforcement without verdict, levy, initiation of enforcement, preliminary documents and fees, parties, objection to enforcement, nullification of objection, levy process, order to pay and cancelliation, enforcement of bonds, encashment and sharing, evacuation of property, enforcement with verdict, cautionary levy, law of bankrupt, composition order, restructuring via conciliation, enforcement crimes.

 



Course Category

Core Courses
X
Major Area Courses
Supportive Courses
Media and Management Skills Courses
Transferable Skill Courses

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 General Information about Enforcement Law and Executive Organization It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
2 Complaints, Execution Charges and Expenses, Notification, Duration, Holiday and Postponement Parties of Execution Trail and Change of Execution Way It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
3 Follow through General Attachment, Request to Issue Enforcement Proceedings, Payment Order, Action for Annulment of Objection, Final and Temporary Removal of the Attachment Cancelletion and Postponement of Execution Proceedings, Declaration of Property It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
4 Attachment, Procedure of Participation in Attachment It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
5 Payment in Installments, Sale, Sharing Demobilized Money, Certificate of Insolvency It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
6 Provisional Attachment and Attachment Method Pertaining to Commercial Papers and Bills It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
7 An Enfırcement proceedind by a Judgment Creditor against the Debtor,Foreclosure, Chattel Mortgage It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
8 Midterm
9 Foreclosure of Mortgage, Bankruptcy Law, General Information about Bankruptcy Law, Bankruptcy Bodies, Bankruptcy Fees, Reasons of Bankruptcy It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
10 Proceeding Related Bankruptcy Method It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
11 Bankruptcy of Corporations,Legal Consequences of Bankruptcy It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
12 Disbursement of Bankruptcy, Removal of Bankruptcy, Turning to Money, Closing of Bankruptcy, General Information on the Concordate, Concordate Commissariat (Concordate Commissariat, Creditors Meeting and Decision) It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
13 Ordinance Concordato, Examination of the Concordatons in the Commercial Court and Judgment and Conclusion of the Concordatons, Restructuring of the Concordaton through the Settlement of the Debt-Bankruptcy Concordat, Capital Companies and Cooperatives It will be prepared and will be read from related sources and read from the Law on Enforcement and Bankruptcy. The course is being carried out with İİK
14 According to the İİK, Abolition of Dispositions and Execution Crimes It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
15 General Practice Study It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK
16 Final It will be prepared and will be read from related sources and read from the Law of Enforcement and Bankruptcy. The course is being carried out with İİK

 

Course Notes/Textbooks

Baki Kuru: İcra ve İflas Hukuku Ders Kitabı, Ankara, 2016,Hakan Pekcanıtez/O.Atalay/M. Sungurtekin Özkan/M. Özekes : İcra ve İflas Hukuku,  Ankara 2016

Suggested Readings/Materials

Hakan Pekcanıtez/Muhammed Özekes: İcra ve İflas Hukuku Temel Bilgiler, Ankara, 2016; Hakan Pekcanıtez/Muhammed Özekes: İcra ve İflas Hukuku Pratik Çalışmalar, Ankara, 2016

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exams
Midterm
1
40
Final Exam
1
60
Total

Weighting of Semester Activities on the Final Grade
60
Weighting of End-of-Semester Activities on the Final Grade
40
Total

ECTS / WORKLOAD TABLE

Semester Activities Number Duration (Hours) Workload
Theoretical Course Hours
(Including exam week: 16 x total hours)
16
3
48
Laboratory / Application Hours
(Including exam week: '.16.' x total hours)
16
0
Study Hours Out of Class
16
1
16
Field Work
0
Quizzes / Studio Critiques
5
0
Portfolio
0
Homework / Assignments
0
Presentation / Jury
0
Project
0
Seminar / Workshop
0
Oral Exam
0
Midterms
1
15
15
Final Exam
1
20
20
    Total
99

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Competencies/Outcomes
* Contribution Level
1
2
3
4
5
1

To be able to possess the knowledge in legal terminology, concepts and principles.

X
2

Solves the legal problems with an analytic and integral point of view.

X
3

Evaluates the legal knowledge and abilities obtained with a critical approach.

X
4

Evaluates the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

Is conscious of social, professional and scientific principles of ethic behaviour.

X
6

Takes responsibility in solving problems by creative and innovative thinking.

X
7

Interprets the sources of law by ways of legal methodology.

X
8

To be able to interpret the legal norms with a sense of justice respectful to human rights and in the light of principles of democratic, secular and social state of law.

X
9

To be able to use the daily scientific sources and court judgments in the framework of life time learning approach.

X
10

Informs the related persons and institutions about legal matters both verbally and in written.

X
11

Monitors the daily legal information/court decisions and interacts with the colleagues in a foreign language (“European Language Portfolio Global Scale” Level B1).

X
12

Uses the information and communication technology together with the computer programs in a level required by the area of law (“European Computer Driving Licence, Advanced Level”).

X

*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest

 


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