COURSE INTRODUCTION AND APPLICATION INFORMATION


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Course Name
Commercial Enterprise Law
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 206
Spring
3
0
3
6
Prerequisites
None
Course Language
Turkish
Course Type
Required
Course Level
First Cycle
Course Coordinator
Course Lecturer(s)
Assistant(s)
Course Objectives Evaluation of the provisions of the New Turkish Commercial Code (no. 6102) related to commercial enterprise law.
Learning Outcomes The students who succeeded in this course;
  • Will comprehend basic principles of commercial law,
  • Will determine the provisions which may be applied to a commercial dispute and their hierarchical order
  • Will understand the concepts of enterprise, commercial enterprise, and tradesman enterprise, and determine the differences amongst them,
  • Will assess the differences between dependent and independent merchant intermediaries in respect of their relationship with a merchant,
  • Will evaluate the principles related to unfair competition and their conclusions,
  • Will understand the Commercial Register, its importance and operation, E-Commercial Register and its rules,
Course Content Concept of commercial provision, definition, nature and legal quality of commercial enterprise, concepts of commercial headquarters and branches, transfer and pledge of commercial enterprise, concept of commercial transaction, conclusions of being qualified as commercial transaction, especially joint and severe liability and interest for commercial transactions, provisions which are applied to commercial transactions and their hierarchical order, commercial jurisdiction, determining commercial actions, absolute and relative commercial actions in this context, concept of merchant, and provisions and results of being merchant, acquisition and loss of merchant title, merchant intermediaries, dependent intermediaries (commercial representative, commercial agent and other merchant intermediaries) and independent intermediaries (broker, agency and commissioner), Commercial Registry, subjects which must be registered, registry transactions, inspection duty of registry officer, registration and publication, effects of registration and publication, trade name of real person merchant and legal person merchant, registration, use and protection of trade name, enterprise name, trademark, definition and types of trademarks, registration of trademarks, rights and obligations of trademark proprietors, legal transactions related to trademark, nullity of trademarks, termination of trademarks, protection of trademarks, unfair competition, commercial books.

 



Course Category

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

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Related Preparation
1 Introduction; commercial enterprise concept and elements of a commercial enterprise Syllabus, Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 1-34
2 Concepts of headquarters and branch for a commercial enterprise; transfer of a commercial enterprise Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 34-47
3 Commercial enterprise pledge Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 47-66
4 Commercial transaction - I Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 67-81
5 Commercial transaction - II Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 82-99
6 Commercial action Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 101-120
7 Real person merchant and legal person merchant Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 121-139
8 Conclusions of being a merchant; commercial books Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 139-173, 363-387
9 Review for mid-term exam; mid-term exam
10 Commercial registry Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 255-269
11 Trade name and enterprise name Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 271-284
12 Trademark and its protection Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 285-333
13 Unfair competition Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 335-361
14 Dependent merchant intermediaries and conclusions Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 177-199
15 Independent merchant intermediaries Sabih Arkan, Ticari İşletme Hukuku, 23rd ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017, pp. 199-254
16 Final exam
Course Textbooks
References

Sabih Arkan: Ticari İşletme Hukuku, 23rd ed., Ankara, 2017; Hüseyin Ülgen/Mehmet Helvacı/Abuzer Kendigelen/Arslan Kaya/Füsun N. Nomer Ertan; Ticari İşletme Hukuku, 5th ed., Oniki Levha Kitapçılık, Istanbul, 2017; Mehmet Bahtiyar, Ticari İşletme Hukuku, 18th ed., Beta, Istanbul, 2017; Ali Bozer/Celal Göle, Ticari İşletme Hukuku, 4th ed., Banka ve Ticaret Hukuku Enstitüsü, Ankara, 2017; Reha Poroy/Hamdi Yasaman, Ticari İşletme Hukuku, 16th ed., Vedat Kitapçılık, Istanbul, 2017; Rıza Ayhan/Hayrettin Çağlar, Ticari İşletme Hukuku Genel Esaslar, 10th ed., Yetkin Yayınları, Ankara, 2017

 

EVALUATION SYSTEM

Semester Requirements Number Percentage
Participation
15
10
Laboratory / Application
Field Work
Quizzes / Studio Critiques
2
20
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Portfolios
Midterms / Oral Exams
1
30
Final / Oral Exam
1
40
Total

Contribution of Semester Work to Final Grade
1
60
Contribution of Final Work to Final Grade
1
40
Total

ECTS / WORKLOAD TABLE

Activities Number Duration (Hours) Workload
Course Hours
Including exam week: 16 x total hours
16
3
48
Laboratory / Application Hours
Including exam week: 16 x total hours
16
Study Hours Out of Class
14
4
Field Work
Quizzes / Studio Critiques
2
15
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Portfolios
Midterms / Oral Exams
1
20
Final / Oral Exam
1
26
    Total
180

 

COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP

#
Program Qualifications / Outcomes
* Level of Contribution
1
2
3
4
5
1 To solve problems, to have analytical and holistic viewpoint and to develop strategic thinking as a principle in the field of law X
2 It is aimed to graduate students whom are able to critique what they have already learn in the field of law, adopting lifelong learning and continuously developing themselves X
3 It is aimed to graduate students whom are able to analyze and interpret their academic knowledge and express their solutions regarding legal problems both oral and written X
4 It is aimed to graduate students whom are able to understand the legal concepts and ideas in both national and multinational settings and practice cross disciplinary and comparative analysis X
5 To be aware of principles of social, occupational, and legal ethics X
6 To create solutions with creative and innovative motives when coming across with unexpected legal situations, and be able to apply the academic gain during new and unconventional occasions X
7 Acquiring leadership qualifications and applying them successfully X
8 Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, vulnerable to criticism and having self confidence X
9 To be able to reach the latest scientific resources, court decisions and other sources of law and be able to transfer the academic knowledge to real life with both national and international thinking X
10 To know and act according to the social, scientific and ethical values under any circumstances such as data collection, interpretation, announcing and practicing regarding legal, social and political progress X
11 To be able to use a foreign language as fluent as possible for both pursuing the legal information and court decisions and developing proper communication with colleagues from other countries, ("European Language Portfolio Global Scale", Level B1) X
12 Above average in both written and spoken of a second foreign language X
13 Able to use computer programs and technology to an adequate level required by the field of law ("European Computer Driving License", Advanced Level") X

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