| Course Name | Law of Heritage |
| Code | Semester | Theory (hour/week) | Application/Lab (hour/week) | Local Credits | ECTS |
|---|---|---|---|---|---|
| HUK 308 | Spring | 3 | 0 | 3 | 5 |
| Prerequisites | None | |||||
| Course Language | Turkish | |||||
| Course Type | Required | |||||
| Course Level | First Cycle | |||||
| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | ||||||
| Course Coordinator | ||||||
| Course Lecturer(s) | ||||||
| Assistant(s) | ||||||
| Course Objectives | This course aims to offer a general knowledge about the heritage of legator. Basic principles and notions of law of heritage, appointed legatee and legal inheritor, types of testamentary disposition and power of disposition on the heritage of legator, limits of this power, partition of heritage and leaving heritage will be covered. |
| Learning Outcomes | The students who succeeded in this course;
|
| Course Description | Basic notions and principles of inheritage law, notions of legator and inheritor (the distinction between legal heir and appointed legatee), legal heirship, (parental system and basic principles related, heirship of surviving spouse, heirship of adopted child, heirship of the state), notion and types of testamentary disposition, inheritors with reserved portions, reserved portions and action for reduction, transfer of the estate and partition of the estate. |
| Related Sustainable Development Goals | |
|
| Core Courses | X |
| Major Area Courses | ||
| Supportive Courses | ||
| Media and Managment Skills Courses | ||
| Transferable Skill Courses |
| Week | Subjects | Required Materials |
| 1 | Definition and Function of Inheritance Law - Basic Principles Regarding Legal Arrangement of Inheritance Law and Tendencies of Inheritance Law - Sources of Inheritance Law | Dural/Öz, p. 1-5; Öztan, p. 3-13 |
| 2 | Basic Principles of Inheritance Law - Content of the Inheritance Law and Basic Notions | Dural/Öz, p. 5-16; Öztan, p. 13-31 |
| 3 | Inheritors - Distinction Between Legal Inheritor and Appointed Inheritor - Legal Inheritors, Heir of the Blood, Parental System, Heir of the Adopted Child | Dural/Öz, p 18-36; Öztan, p. 35-64 |
| 4 | Heir of the Surviving Spouse - Escheatage | Dural/Öz, p. 37-48;Öztan, p. 64-74 |
| 5 | Notions and Types of Testamentary Dispositions-Power of Disposition-Formal Testamentary Dispositions | Dural/Öz, p. 50-137;Öztan, p. 165-215; p. 241-272 |
| 6 | Types of Testamentary Dispositions Materially | Dural/Öz, p. 137-218; Öztan, p. 273-332; p. 142-161 |
| 7 | Case Study | |
| 8 | Midterm Exam | |
| 9 | Interpretation of Testamentary Disposition-Invalidity of Testamentary Disposition | Dural/Öz, p. 218- 234;Öztan, p. 215-237 |
| 10 | Heirs with Reserved Portion-Notion of Reserved Portion-Ratio of Reserved Portion | Dural/Öz, p. 235-275;Öztan, p. 74-113 |
| 11 | Action for Reduction - Savings Subject to Reduction - Rank in Reduction - Types of Savings with Reduction Specialities | Dural/Öz, p. 275-318; Öztan, p. 113-141 |
| 12 | Descent of the Heritage - Conditions to be Inheritor | Dural/Öz, p. 357-391;Öztan, p.335-358 |
| 13 | Conclusion of the Descent - Administration of the Estate - Disclaimer of the Inheritance - Official Liquidation - Action for the Recovery of the Heirship | Dural/Öz, p.391-449; Öztan, p. 363-432 |
| 14 | Partition of the Estate - Community of Heirs | Dural/Öz, p. 450-522; Öztan, p.437-473 |
| 15 | Equalization of the Partition - Conclusion of the Partition, Case Study | Dural/Öz, p. 319-346; p. 522-526; Öztan, p. 475-502 |
| 16 | Final Exam |
| Course Notes/Textbooks | |
| Suggested Readings/Materials | DURAL, Mustafa/ÖZ, Turgut: Türk Özel Hukuku Cilt IV-Miras Hukuku, İstanbul, 2019; ÖZTAN, Bilge:Miras Hukuku (Tablolar ve Örnekerle), Ankara, 2018. |
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments | ||
| Presentation / Jury | ||
| Project | ||
| Seminar / Workshop | ||
| Oral Exam | ||
| Midterm | 1 | 50 |
| Final Exam | 1 | 50 |
| Total |
| Weighting of Semester Activities on the Final Grade | 1 | 50 |
| Weighting of End-of-Semester Activities on the Final Grade | 1 | 50 |
| Total |
| Semester 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 | 21 | 2 | 42 |
| Field Work | |||
| Quizzes / Studio Critiques | |||
| Portfolio | |||
| Homework / Assignments | |||
| Presentation / Jury | |||
| Project | |||
| Seminar / Workshop | |||
| Oral Exam | |||
| Midterms | 1 | 30 | |
| Final Exams | 1 | 30 | |
| Total | 150 |
| # | 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
