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Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS ÖZH 5073 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS IN TURKISH LAW ELECTIVE 3 0 0 7

Offered By

Private Law

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASSOCIATE PROFESSOR UĞUR TÜTÜNCÜBAŞI

Offered to

Private Law

Course Objective

The purpose of this lesson is to give information about the effect of recognition and enforcement of foreign judgement on Turkish law with identifying its conditions and procedure.

Learning Outcomes of the Course Unit

1   To express the concepts of recognition and enforcement of foreign judgements 2   To state the difference between recognition foreign judgements and enforcement of foreign judgements 3   To identify the existance of the conditions of recognition and enforcement of foreign judgements 4   To executive the conditions of recognition and enforcement of foreign judgements in a present case 5   To explain the procedure of recognition and enforcement of foreign judgements

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description 1 The definitions of the concepts of recognition and enforcement of foreign judgements and its scope ininternational privat law. 2 Pre-conditions of recognition and enforcement of foreign judgements. 3 The concept, qualification and the exactitude of foreign judgements. 4 Recognition except of enforcement. 5 Conditions of substance of the recognition and enforcement of foreign judgements 6 Condition of reciprocity and its types of recognition and enforcement of foreign judgements 7 The clause of comcompetence and excess of authority 8 Midterm exam 9 The clause of ordre public 10 The clause about the violation of the right to be in present in court 11 The characteristic of the concepts of recognition and enforcement of foreign judgements 12 The exactitude of provisions of procedure 13 Determination of the authorized and competent courts 14 The general information about recognition and enforcement of foreign arbitration judgements in Turkey

Recomended or Required Reading

ÖZBAKAN, Işıl: Türk Hukukunda Yabancı Mahkeme Kararlarının Tanınması ve Tenfizi, Ankara 1987. SAKMAR, Ata: Yabancı Ilamların Türkiyedeki Sonuçları, Istanbul 1992. TIRYAKIOĞLU, Bilgin: Yabancı Boşanma Kararlarının Türkiyede Tanınması ve Tenfizi, Ankara 1996.

Planned Learning Activities and Teaching Methods

Lecture, discussion, case studies, seminars and studies

Assessment Methods

SORTING NUMBER SHORT CODE LONG CODE FORMULA 1 MTE MIDTERM EXAM 2 STT TERM WORK (SEMESTER) 3 FIN FINAL EXAM 4 FCG FINAL COURSE GRADE MTE * 0.20 + STT* 0.40 + FIN* 0.40 5 RST RESIT 6 FCGR FINAL COURSE GRADE (RESIT) MTE * 0.20 + STT * 0.40 + RST* 0.40 *** Resit Exam is Not Administered in Institutions Where Resit is not Applicable.

Further Notes About Assessment Methods

None

Assessment Criteria

To be announced.

Language of Instruction

Turkish

Course Policies and Rules

To be announced.

Contact Details for the Lecturer(s)

ugur3580@hotmail.com

Office Hours

Monday: 14:00-15:00

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours) Lectures 13 3 39 Preparations before/after weekly lectures 13 2 26 Preparation for midterm exam 1 35 35 Preparation for final exam 1 45 45 Preparing presentations 1 26 26 Midterm 1 2 2 Final 1 2 2 TOTAL WORKLOAD (hours) 175

Contribution of Learning Outcomes to Programme Outcomes

PO/LO PO.1 PO.2 PO.3 PO.4 PO.5 PO.6 PO.7 PO.8 PO.9 PO.10 PO.11 PO.12 PO.13 PO.14 LO.1 1 1 1 1 1 LO.2 1 1 1 1 1 LO.3 1 1 1 1 1 LO.4 1 1 1 1 1 1 LO.5 1 1 1 1 1