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
Spring
3
0
3
5
Prerequisites
None
Course Language
Turkish
Course Type
Required
Course Level
First Cycle
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 Content 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 Managment 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 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

References

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 Requirements Number Percentage
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Midterms / Oral Exams
1
40
Final / Oral Exam
1
60
Total

Contribution of Semester Work to Final Grade
60
Contribution of Final Work to Final Grade
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
16
1
Field Work
Quizzes / Studio Critiques
5
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Midterms / Oral Exams
1
15
Final / Oral Exam
1
20
    Total
99

 

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