COURSE DESCRIPTION AND APPLICATION INFORMATION

Course Name Code Semester T+A+L (hour/week) Type (C / O) Local Credit ECTS
Enforcement Law LW 435 Spring 03+01+00 Compulsory 3 5
Academic Unit: Faculty of Law
Mode of Delivery: Face to face
Prerequisites: None.
Language of Instruction: Turkish
Level of Course Unit: Undergraduate
Course Coordinator: Ertan Yardım
Course Objectives: 1. Understanding enforcement of individual rights through sovereign 2. Understanding execution with and without judgment inclusive of understanding how to use these methods of execution)
Course Contents: Law on Execution and Bankruptcy: General principles, enforcement office`s acts and plaint, execution without judgment, execution with judgment, execution in respect of pledge and hypothec.
Learning Outcomes of the Course Unit (LO):
  • 1- Comprehend principles of enforcement execution.
  • 2- Classify different proceedings of execution without judgment.
  • 3- Determine of how a civil action judgment will be executed.
  • 4- Appeal to execution in respect of pledge and hypothec.
Planned Learning Activities and Teaching Methods: Lecture and tutorial


WEEKLY SUBJECTS AND RELATED PREPARATIONS

WeekSubjectsRelated Preperation
1 Introduction, sources, definitions, organization of execution, duties and responsibilities of bailiff Reading the relevant units from textbook
2 Payment, Execution proceeding, circumstances of pendency and postponement, claim, decisions over claim, Reading the relevant units from textbook
3 Subject of general seizure request, request to issue enforcement proceedings, order of payment, appeal Reading the relevant units from textbook
4 Appeal, withdrawal of appeal Reading the relevant units from textbook
5 Annulment of appeal, Negative clearance, restitution, annulment of request Reading the relevant units from textbook
6 Request to seizure, procedure of seizure, non-seizure and case study Reading the relevant units from textbook
7 Midterm Exams
8 Midterm Exams
9 Seizure of third parties’ property, action of recovery Reading the relevant units from textbook
10 Joinder to seizure, sale request, sale of movables and non-movables, payment by installment Reading the relevant units from textbook
11 Monetary allocation, order table, certificate of insolvency and Case study Reading the relevant units from textbook
12 Request to issue enforcement proceedings with bills of exchange Reading the relevant units from textbook
13 Execution of civil action judgments, documents qualified as award, execution order, adjournment of execution, suspension of execution Execution in respect of pledge and hypothec Reading the relevant units from textbook
14 Provisional seizure, case study Reading the relevant units from textbook


REQUIRED AND RECOMMENDED READING

Baki Kuru, İstinaf Sistemine Göre Yazılmış İcra ve İflas Hukuku, İstanbul, 2016.


OTHER COURSE RESOURCES

Hakan Pekcanıtez/Oğuz Atalay/Meral Sungurtekin Özkan/Muhammet Özekes: İcra ve İflas Hukuku Ders Kitabı, 4. Bası, İstanbul, 2017.


ASSESSMENT METHODS AND CRITERIA

Semester RequirementsNumberPercentage of Grade (%)
Midterms / Oral Exams / Quizes 1 40
Final Exam 1 60
Total: 2 100


WORKLOAD

EventsCountDuration (Hours)Total Workload (hour)
Course Hours12448
Extra-Class Activities (reading,individiual work, etc.)12672
Midterms / Oral Exams / Quizes122
Final Exam133
Total Workload (hour):125


THE RELATIONSHIP BETWEEN COURSE LEARNING OUTCOMES (LO) AND PROGRAM QUALIFICATIONS (PQ)

# PQ1 PQ2 PQ3 PQ4 PQ5 PQ6 PQ7 PQ8 PQ9 PQ10
LO1 2 1         2   2 3
LO2 3 1     2   2 1 1 2
LO3 3 2     1   2 2 1 2
LO4 2       2   3   3 1