COURSE UNIT TITLE

: PRIVATE INTERNATIONAL LAW

DEGREE PROGRAMMES

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
HUK 4060 PRIVATE INTERNATIONAL LAW COMPULSORY 2 0 0 4

Offered By

Law

Level of Course Unit

First Cycle Programmes (Bachelor's Degree)

Course Coordinator

PROFESSOR DOCTOR HACI CAN

Offered to

Law

Course Objective

Private international law is a branch of law that indicates which country's law applicative to the jural relation with a foreign element between the parties. The objective of course is to explain the issues related with the conflict of laws within the purview of Turkish law and international agreements, to consider the problems within the framework of judgements and jurisprudence, to explain the main principles of international procedure law and international competence of Turkish courts together with the recognition and enforcement of judgements. Additionally, international arbitration become the usual way of solving international dispudes, because of this a general information about international arbitration will be given in the course.

Learning Outcomes of the Course Unit

1   To find the applicative law to the private jural relation with a foreign element.
2   To explain the international competence of Turkish courts
3   To cide that in which circumstances a foreign judgement has an effect on Turkish law
4   To cide that in which circumstances a foreign arbitral award has an effect on Turkish law
5   To sort bilateral and multilateral international agreements which Turkey became party.
6   to cide the court decisions about disputes with a foreign element.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Introduction to international private law, the concept, the sources of international private law, literature
2 The nature and variety of provisitions in international private law
3 Fraus legis in international private law, adaptation, vorfrage
4 Renvoi, ordre public, application of foreign law, the Turkish rules which are directly applied
5 Form and negative prescription in legal actions
6 Conflict of laws in family law (Engagement-Marriage-the general provisions of marriage-Divorce)
7 Conflict of laws in family law (law of property-law of descent-adoption)
8 Conflict of laws in family law (alimony-guardianship)
9 Conflict of laws in inheritance law
10 Conflict of laws in real law
11 Conflict of laws in law of obligations (contracts)
12 Conflict of laws in law of obligations (torts-unjust enrichment)
13 Case study
14 I. Midterm exam
15 I. Midterm exam
16 The nature of international civil procedure
17 Principle of lex fori in international civil procedure
18 The meaning of international competence and system of Turkish international civil procedure (judicial power and the limitations of judicial power)
19 The meaning of internationalcompetence and system of Turkish international civil procedure (the limitations of international competence and pendency)
20 Provisions of international competence (National provisions)
21 Provisions of international competence (concerning the personal states of Turkish people, concerning the personal states of foreigners, the provisions can not be eleminated by the parties will)
22 Agreement of competence and its limitations
23 Guarantee
24 Recognition of foreign judgements
25 Enforcement of foreign judgements
26 International arbitration
27 Case study
28 II.Midterm exam
29 II. Midterm exam

Recomended or Required Reading

Main Materials:
Nomer, Ergin: Devletler Hususi Hukuku, 19. Bası-Beta, Istanbul 2011.
Çelikel, Aysel/Erdem, B. Bahadır: Milletlerarası Özel Hukuk, 11. Bası-Beta, Istanbul
2012.
Tekinalp, Gülören/Çavuşoğlu, Ayfer Uyanık: Milletlerarası Özel Hukuk, 12. Bası-Vedat,
Istanbul 2011.
Doğan, Vahit: Milletlerarası Özel Hukuk, Ankara 2010.
Subsidiary Materials:
Nomer, Ergin/Çelikel, Aysel: Devletler Hususi Hukuku Pratik Çalışmalar, Istanbul 2010.

Planned Learning Activities and Teaching Methods

Lecture, discussion, case studies, seminars and studies.

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA
1 MTE 1 MIDTERM EXAM 1
2 MTE 2 MIDTERM EXAM 2
3 MTEG MIDTERM AVERAGE GRADE roundVZ1 * 0.50 + VZ2 * 0.50,0
4 MTE MIDTERM EXAM
5 FIN FINAL EXAM
6 FCG FINAL COURSE GRADE roundKPU + FN,0
7 RST RESIT
8 FCGR FINAL COURSE GRADE (RESIT) roundKPU + BUT,0


*** Resit Exam is Not Administered in Institutions Where Resit is not Applicable.

Further Notes About Assessment Methods

http://web.deu.edu.tr/hukuk/egitimogretim/lisans/basarideger.htm

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

Haci.can@deu.edu.tr

Office Hours

Monday, 12.30-13.30

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 25 2 50
Preparations before/after weekly lectures 25 1 25
Preparation for midterm exam 2 7 14
Preparation for final exam 1 10 10
Final 1 2 2
Midterm 2 1 2
TOTAL WORKLOAD (hours) 103

Contribution of Learning Outcomes to Programme Outcomes

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CONTACT INFORMATION
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Phone: +90(232) 412 12 12 - Fax: +90 (232) 464 81 35

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