COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Law of Heritage
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 308
Fall/Spring
3
0
3
5
Prerequisites
None
Course Language
Turkish
Course Type
Service Course
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course Discussion
Lecture / Presentation
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;
  • • Describe basic principles and notions of heritage law
  • Describe basic principles and notions of heritage law
  • Determine of who can be inheritors and what distributive shares will be in accordance with the basic principles of the identification of inheritors,
  • Compare the types of testamentary dispositions and the limits of the power of the dispotisiton of the heritage of legator
  • Explain basic principles of legating and portion of the inheritance
  • Discuss court decisions in the field of inheritage law
Course Description This course is based on basic notions and principles of inheritage law such as 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.

 



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 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, Mustafa/ÖZ, Turgut, “Giriş”, Türk Özel Hukuku Cilt IV-Miras Hukuku, s.1-5.
2 Basic Principles of Inheritance Law - Content of the Inheritance Law and Basic Notions DURAL, Mustafa/ÖZ, Turgut, “Giriş”, Türk Özel Hukuku Cilt IV-Miras Hukuku s. 5-16
3 Inheritors - Distinction Between Legal Inheritor and Appointed Inheritor - Legal Inheritors, Heir of the Blood, Parental System, Heir of the Adopted Child DURAL, Mustafa/ÖZ, Turgut, “Yasal Mirasçılık” chp. 1, Türk Özel Hukuku Cilt IV-Miras Hukuku s.18-36.
4 Heir of the Surviving Spouse - Escheatage DURAL, Mustafa/ÖZ, Turgut, “Yasal Mirasçılık” chp. 1, Türk Özel Hukuku Cilt IV-Miras Hukuku s.37-48.
5 Notions and Types of Testamentary Dispositions-Power of Disposition-Formal Testamentary Dispositions DURAL, Mustafa/ÖZ, Turgut, “Ölüme Bağlı Tasarruflar” chp. 2, Türk Özel Hukuku Cilt IV-Miras Hukuku s.50-137
6 Types of Testamentary Dispositions Materially DURAL, Mustafa/ÖZ, Turgut, “Ölüme Bağlı Tasarruflar” chp. 2, Türk Özel Hukuku Cilt IV-Miras Hukuku s.138-218.
7 Midterm Exam
8 ExamInterpretation of Testamentary Disposition-Invalidity of Testamentary Disposition DURAL, Mustafa/ÖZ, Turgut, “Ölüme Bağlı Tasarruflar” chp. 2, Türk Özel Hukuku Cilt IV-Miras Hukuku s.218-234
9 Heirs with Reserved Portion-Notion of Reserved Portion-Ratio of Reserved Portion DURAL, Mustafa/ÖZ, Turgut, “Saklı Pay, Tasarruf Oranı, Tenkis, Denkleştirme” chp. 3, Türk Özel Hukuku Cilt IV-Miras Hukuku s.235-275.
10 Action for Reduction - Savings Subject to Reduction - Rank in Reduction - Types of Savings with Reduction Specialities DURAL, Mustafa/ÖZ, Turgut, “Saklı Pay, Tasarruf Oranı, Tenkis, Denkleştirme” chp. 3, Türk Özel Hukuku Cilt IV-Miras Hukuku s.275-318.
11 Descent of the Heritage - Conditions to be Inheritor DURAL, Mustafa/ÖZ, Turgut, “Mirasın Geçmesi” chp. 4, Türk Özel Hukuku Cilt IV-Miras Hukuku s.319-346.
12 Conclusion of the Descent - Administration of the Estate - Disclaimer of the Inheritance - Official Liquidation - Action for the Recovery of the Heirship DURAL, Mustafa/ÖZ, Turgut, “Mirasın Geçmesi” chp. 4, Türk Özel Hukuku Cilt IV-Miras Hukuku s.347-391, “Mirasın Kazanılması” chp. 5, s. 392-449.
13 Partition of the Estate - Community of Heirs DURAL, Mustafa/ÖZ, Turgut, “Mirasın Paylaştırılması” chp. 6, Türk Özel Hukuku Cilt IV-Miras Hukuku s.450-512.
14 Equalization of the Partition - Conclusion of the Partition, Case Study DURAL, Mustafa/ÖZ, Turgut, “Mirasın Paylaştırılması” chp. 6, Türk Özel Hukuku Cilt IV-Miras Hukuku s.512-522.
15 Semester Review
16 Final Exam
Course Notes/Textbooks

DURAL, Mustafa/ÖZ, Turgut: Türk Özel Hukuku Cilt IV-Miras Hukuku, İstanbul, 2019, ISBN:9789753682657.

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.

 

EVALUATION SYSTEM

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

Weighting of Semester Activities on the Final Grade
1
40
Weighting of End-of-Semester Activities on the Final Grade
1
60
Total

ECTS / WORKLOAD TABLE

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
14
2
28
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
Project
Seminar / Workshop
Oral Exam
Midterms
1
37
Final Exams
1
37
    Total
150

 

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

To be able to solve the legal problems with an analytic and integral point of view.

X
3

To be able to evaluate the legal knowledge and abilities obtained with a critical approach.

X
4

To be able to evaluate the developments in legal theory and practice by monitoring local, international and interdisciplinary dimensions.

X
5

To be able to have awareness of social, professional and scientific principles of ethic behaviour.

X
6

To be able to take responsibility in solving problems by creative and innovative thinking.

X
7

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
8

Working efficiently and effectively, learning how to be a team member, taking responsibilities, being open minded, constructive, open to criticism and having self confidence

X
9

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

X
10

To be able to inform the related persons and institutions about legal matters both verbally and in written.

X
11

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

X
12

To be able to use 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