COURSE UNIT TITLE

: AFFINITY LAW

DEGREE PROGRAMMES

Description of Individual Course Units

Course Unit Code Course Unit Title Type Of Course D U L ECTS
ÖAH 7032 AFFINITY LAW COMPULSORY 2 0 0 6

Offered By

Family Law Non-Thesis (Evening)

Level of Course Unit

Second Cycle Programmes (Master's Degree)

Course Coordinator

ASSISTANT PROFESSOR MEHMET BEŞIR ACABEY

Offered to

Family Law Non-Thesis (Evening)

Course Objective

It is intended to study the meaning of the kinship concept, its history in terms of the Turkish Law and other legal systems and the provisions related to the kinship of the former Civil Code and the Turkish Civil Code within the framework of the children's rights related to kinship as recognized within the framework of children's rights in international documents.

Learning Outcomes of the Course Unit

1   Ability to identify the basic concepts related to kinship within the framework of children's rights prevailing in international documents.
2   Ability to explain the provisions related to kinship of the former Civil Code and the Turkish Civil Code and the development appearing between the two codes in terms of children's rights.
3   Ability to make correct decisions in the application of the legal rules related to kinship to tangible events.
4   Ability to criticize the legal regulations related to kinship within the framework of the international resources and laws of some foreign countries related to children's rights.
5   Ability to generate remedial suggestions for the problems arising from legislation related to Kinship Law.

Mode of Delivery

Face -to- Face

Prerequisites and Co-requisites

None

Recomended Optional Programme Components

None

Course Contents

Week Subject Description
1 Concept of Kinship, Types and Historical Development Thereof, Children's Right in International Documents, Developments in Kinship Law in Some Countries
2 Historical Development in the Turkish Law, Kinship in Terms of Legitimate Children in the Former Civil Code, Establishment of Kinship in Terms of Illegitimate Children
3 Establishment of Consanguinity-Based Kinship in the Turkish Civil Law: Establishment of Kinship between Parents and Child; Establishment of Kinship between Father and Child: Marriage with Mother: Being Married to Mother at the Time of Delivery or Conception of the Child; Presumption of Paternity
4 Refutation of Presumption of Paternity: Rejection of Kinship; Parties to the Rejection of Kinship Action, Foreclosures and Abatement of Litigation Right, Competent Jurisdiction
5 Proof in the Rejection of Kinship Action (In Case of Conception of Child in Marriage; In Case of Conception of Child Prior to Marriage or During Separation)
6 Consequences of Rejection of Kinship Decree
7 Realization of Marriage after the delivery of the child; Effect of Marriage on Kinship; Declaration
8 Mid-term
9 Objection to Kinship Established through Marriage Afterwards; Those Who Are Entitled to Right of Litigation, Defendants, Reason for Objection and Proof, Foreclosures
10 Recognition: Conditions and Time for Validity
11 Nullity and Cancellation of Recognition
12 Paternity Order: Parties to Paternity Action, Proof, Litigation Period
13 Competent Jurisdiction in Paternity Action, Outcome of Action and Mother's Financial Rights
14 Consequences of the Establishment of Kinship Relation Provisions of Kinship (Provisions of Kinship Not Dependent upon Custody)

Recomended or Required Reading

ACABEY, M. Beşir: Soybağı, Kurulması, Genel Olarak Sonuçları, Özellikle Evlilik Dışında Doğan Çocukların Mirasçılığı, Izmir 2002.
ACABEY ,M. Beşir: Çocukları Ilgilendiren ve Aile Mahkemelerinin Görev Alanına Giren Hukuki Konular, Izmir Barosu Dergisi, Y. 71/2006, S. 4/Ekim, sh. 88-140.
AKINTÜRK, Turgut: Türk Medeni Hukuku, Yeni Medeni Kanuna Uyarlanmış Aile Hukuku, C.II., Istanbul 2010.
AKYÜZ, Emine: Çocuğun Haklarının ve Güvenliğinin Korunması, (Ulusal ve Uluslararası Hukukta), Ankara 2012.
BAYGIN, Cem: Soybağı Hukuku, Istanbul 2010.
DURAL, Mustafa/ÖĞÜZ, Tufan/GÜMÜŞ, Alper: Türk Özel Hukuku, C. III, Aile Hukuku, 4. Bası, Istanbul 2011.
HODGKIN, Rachel/NEWELL, Peter: Çocuk Haklarına Dair Sözleşme Uygulama El Kitabı, UNICEF, 1998.
ÖZUĞUR, Ali Ihsan: Açıklamalı - Içtihatlı Velayet-Vesayet-soybağı Evlat Edinme Hukuku Diğer Eşin Rıza ve Onamına Bağlı Işlemler, Ankara 2010.
ÖZTAN, Bilge: Aile Hukuku, Ankara 2004.
SEROZAN, Rona: Çocuk Hukuku, Istanbul 2005.

Planned Learning Activities and Teaching Methods

: Lectures and examination of the Turkish Supreme Court decisions with the attending students

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 * 0.25 + STT * 0.25 + FIN* 0.50
5 RST RESIT
6 FCGR FINAL COURSE GRADE (RESIT) MTE* 0.25 + STT * 0.25 + RST* 0.50


*** 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)

To be announced.

Office Hours

To be announced.

Work Placement(s)

None

Workload Calculation

Activities Number Time (hours) Total Work Load (hours)
Lectures 13 2 26
Preparation for midterm exam 1 34 34
Preparation for final exam 1 40 40
Preparations before/after weekly lectures 13 2 26
Preparing presentations 1 20 20
Final 1 2 2
Midterm 1 2 2
TOTAL WORKLOAD (hours) 150

Contribution of Learning Outcomes to Programme Outcomes

PO/LOPO.1PO.2PO.3PO.4PO.5PO.6PO.7PO.8PO.9PO.10PO.11PO.12
LO.1111
LO.211
LO.31111
LO.4111111
LO.5111111

CONTACT INFORMATION
Dokuz Eylül Üniversitesi Cumhuriyet Bulvarı No: 144 35210 Alsancak / İZMİR
Phone: +90(232) 412 12 12 - Fax: +90 (232) 464 81 35

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