COURSE INTRODUCTION AND APPLICATION INFORMATION


Course Name
Bankruptcy Liquidation and Impacts of Bankruptcy on Taxation
Code
Semester
Theory
(hour/week)
Application/Lab
(hour/week)
Local Credits
ECTS
HUK 484
Fall/Spring
3
0
3
4
Prerequisites
None
Course Language
Turkish
Course Type
Elective
Course Level
First Cycle
Mode of Delivery -
Teaching Methods and Techniques of the Course
Course Coordinator
Course Lecturer(s)
Assistant(s) -
Course Objectives To release knowledge about bankruptcy liquidation process and the consequences in taxation.
Learning Outcomes The students who succeeded in this course;
  • The students who succeeded in this course can; - Distinguish the characteristics and differences of bankruptcy in liquidation processes.
  • Interpret procedures followed in the bankruptcy process.
  • Compare the legal status of privileged receivables and other receivables.
  • Evaluate the judicial ways that can be applied in the bankruptcy process.
  • Analyze the effects of bankruptcy on tax receivables.
Course Description The taxation problems encountered in commercial law are explained by examples and the place and effect of tax law rules are shown in the solution of commercial disputes

 



Course Category

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

 

WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES

Week Subjects Required Materials
1 Legal Nature and Scope of Bankruptcy Aslan/Yılmaz/Taşpınar Ayvaz, pp. 429-442
2 Types of Bankruptcy Aslan/Yılmaz/Taşpınar Ayvaz, pp. 442-476
3 Legal Consequences of Bankruptcy Aslan/Yılmaz/Taşpınar Ayvaz, pp. 476-495
4 Formation and Management of the Bankrupt’s Estate Aslan/Yılmaz/Taşpınar Ayvaz, pp. 495-508
5 Sale of Goods and Closing of Bankruptcy Aslan/Yılmaz/Taşpınar Ayvaz, pp. 508-531
6 Bankruptcy According to Banking Law Banking Law no 5411 (mevzuat.gov.tr) and Related Decisions of Court of Cassation
7 Review
8 Midterm Exam
9 Case Law of the European Court of Human Rights on Bankruptcy Law Related decisions of European Court of Human Rights (hudoc.echr.coe.int)
10 Legal Responsibility of Shareholders and Representatives Deynekli, “İflasın”, pp141-153
11 Legal Status of Privileged Claims Deynekli, “4949 Sayılı”,pp 192-204
12 The Impact of Bankruptcy on Workers' Claims Deynekli, “İşverenin”, pp 31-43
13 Impact of Tax Filing on Bankruptcy Bahçeci, pp 975-1000
14 Impact of Tax Filing on Bankruptcy Bahçeci, pp 1000-1015
15 General Course Review
16 Final exam
Course Notes/Textbooks

Ramazan Arslan, Ejder Yılmaz, Sema Taşpınar Ayvaz, İcra ve İflas Hukuku, Yetkin yay 3. baskı

Suggested Readings/Materials

Adnan Deynekli, İflasın Vergi Alacağının Tahsiline Etkisi, Yetkin yay, Ankara 1998

Barış Bahçeci İflas Masasının Kamu Alacağının Kaydını Reddetmesi Sorunu, Ankara Üniversitesi Hukuk Fakültesi Dergisi, Y 2015 N 4 pp 975-105 (open access)

Adnan Deynekli, İşverenin İflası veya İşyerine Yönelik Haciz Halinde İşçi Alacağının Önceliği Sorunu, Türkiye Barolar Birliği Dergisi, Y 2005 N 60, pp 31-43 (open access)

 

 

EVALUATION SYSTEM

Semester Activities Number Weigthing
Participation
Laboratory / Application
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
1
20
Project
Seminar / Workshop
Oral Exam
Midterm
1
20
Final Exam
1
60
Total

Weighting of Semester Activities on the Final Grade
2
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
15
1
15
Field Work
Quizzes / Studio Critiques
Portfolio
Homework / Assignments
Presentation / Jury
1
10
Project
Seminar / Workshop
Oral Exam
Midterms
1
20
Final Exams
1
25
    Total
118

 

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.

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”).

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