CONTENTS OF THE COURSES

I-II. SEMESTER

COMPULSORY COURSES

CONSTITUTIONAL LAW I (General Principles)

In the first semester, the lesson deals with the general principles and the basic notions of constitutional law, in a comparative method with democratic systems. The main chapters of the lesson are, the notion of constitution (types of constitutions, the methods of constitution making and changing etc.), theories on sovereignty and political power; forms of the state; legislative, executive powers and the relations between them, government systems (parliamentary, presidential etc.); judicial review of legislative acts (constitutional courts); election systems, political parties. Out of the lessons, students can reach the research assistant for their question about general principles of constitutional law, they can use library and examine each countries and their constitutional system and discuss with each other about these system and Turkish constitutional law.   

CONSTITUTIONAL LAW II (Turkish Constitutional Law)

The second part of the lesson divides into two main chapters. The history of constitutional law of Turkey (from the basic constitutional movements of Ottoman Empire to Constitution of 1982) is the first chapter. The Constitution of 1982, basic principles of the constitution and the state; relations between legislative and executive powers, government system; human rights system; judicial power, especially Constitutional Court; shortly the constitutional system of Turkish Republic forms the second chapter. Out of the lessons, students can reach Turkish Constitutional court rulings and examine them. They can discuss with professors and research assistants Turkish constitutional law and its problems. Also research assistants compose fiction constitutional problems for the students and discuss them with the students.    

CIVIL LAW I [Introduction – Law of Persons (Natural and Legal Persons)]

CIVIL LAW II [Family Law]

This course is divided into three segments. Introduction part examines the concept of law with in the scope of various civil law systems, as well as the sources and some basic concepts of Turkish Civil Law. Second part deals with the concepts and the rules related to the Natural and Legal Persons. Finally, Family Law as the third part, examines the rules governing engagement, ongoing marital relationships, divorce, kinship and appointed guardianship. Out of lessons students can use library for their research about the contents of the course. Also research assistants discuss the rulings of Turkish Appeals Court with the students, and they compose fiction problems about Turkish Civil Law, examine and discuss these with the students.    

INTRODUCTION TO LAW

This course, firstly, introduces the meaning of law in terms of its functions. In doing so, it stresses indispensability of law in social life and importance of law in terms of order, social needs and especially justice. It explains the differences between law and related concepts, such as ethics and customs. Finally the course expounds the characteristics of several sciences studying on law and relationships of these sciences with legal practice. Out of lessons students can examine the main material of law practice, they can reach the professional at law, and discuss about their question with them, with the help of the professors and research assistants.  

ECONOMICS

The subject of the economic science the human behavior relate to the balance between infinite human needs and limited resources. Titles researched under this subject include production, consumption, investment and other economic phenomena. Topics of this class are the theory of interest and balance of consumption, supply and demand, production and production balance, gross national product, workforce and money theory.

THE PRINCIPLES OF ATATÜRK AND THE HISTORY OF TURKISH REVOLUTION I-II

This course is regulated as a compulsory course for all branches of university education by the Higher Education Law. Regarding the scope of legal education, in our Faculty the content of this course is being thought differently. First of all, the subject matter is not pure history; rather, historical establishment of modern political power in Turkey. In line with this, during the first semester following topics are analysed:

-          1st World War and Its Consequences to the Future of Ottoman Empire,

-          Main Political and Legal Thesis on the Future of Turkey,

-          Political Powers of Local Assemblies Flourished Throughout Anatolia,

-          Political Power of the National Independence Movement,

-          Democracy of War: The Role of the Turkish Grand National Assembly During the Independence War,

-          1924 Lausanne Peace Treaty,

-          Significance of Mustapha Kemal’s Leadership.

Above topics are described under the concept of “Independence” (Independence of Turkey).

During the second semester, “Independence” is complemented with the concept of “Establishment” (Establishment of Modern Turkey); following topics are analysed:

-          Political Revolutions: Abolishment of Sultanate, Proclamation of the Republic, Abolishment of Caliphate,

-          Legal Reforms and Adoption of Foreign Laws,

-          Nationalization and the Establishment of Nation State,

-          Secularization and the Establishment of Secular State,

-          Cultural and Economical Reforms,

-          Ideology of Kemalist Regime,

-          International and Regional Effects of Turkish Revolution,

-          Interpretations of Turkish Revolution.

TURKISH LANGUAGE I-II

Law as a social and normative science depends heavily on the use of language. A healthy, flawless Turkish is necessary for understanding, interpreting and applying legal texts in accordance with justice and truth. Thus, Turkish language is important for all law classes.

ROMAN LAW

After the innovations of Atatürk in the area of law, Turkey has become part of the continental European legal system and Roman law has become the history of our law. In law faculties the education is founded on dogmatic law, philosophy of law and law history. As a result of this, under Roman law, as in Switzerland, concepts and institutions that have an effect on today’s law are taught and the process of the forming of legal rules is shown. After a brief introduction about the system creating the Roman law, general principles, law of persons, of the family, of torts and of goods as well as their evolution are examined comparatively with the present Turkish law. Also, practical lessons are part of the class. Out of the lessons, students can use library for reach the main material of Roman Law. Also, research assistants compose fiction problems, discuss and analyze these with the students by using Roman Law rules.   

I. SEMESTER

SELECTIVE COURSES

SOCIOLOGY

This course gives a basic knowledge of sociology. Its content includes methods of sociological study, origins of society, culture, socialization of the individual, societal institutions(economical, political and religious), family, social groups and social change. These subjects aim at giving a minimum sociological insight to law students and thus other convenient  subjects  are tried to be included as long as possible.

POLITICAL HISTORY

This course deals with the political movements in history which affected the foundations of today’s modern political systems. Main topics are; “Feudalism”, “Movements of Renaissance and Reform”, “Peace of Westphalia”, “The Concept of Nation-State”, “Revolutions Era: American and French Revolutions and their Contribution to the Modern Political Thoughts”, “Imperialism”. The lectures end with the political reasons and consequences of the 1^st World War.

ROMAN INSTITUTIONS

A general acquaintance with the Roman official institutions is the main goal of this class.  Thus, political eras of the Roman Empire, as well as the functioning of the state are examined. Especially the first three political eras are compared and historical and legal information about changes after the Republic are given.

COMPARATIVE CIVIL LAW

The main topics of this course can be stated as follows:

1.       The concept of comparative law

2.       The independence structure of comparative law as a legal discipline

3.       Comparative Law and Sociology of Law

4.       Macro and Micro comparative law

5.       Figurative / Dogmatic / Historical Comparative Law

6.       The Functions of Comparative Law

7.       The administrative issues of Comparative Law

8.       The importance of Comparative Law with regard to the Unification of Law

9.       The adoption of a foreign law and the results of the adoption

Selective Topics:

1.       Legal systems according to Arminjon, Nolde and Wolff

2.       The ‘Law Families’ classification of Rene David

3.       The classification of Zweigert / Kötz based on ‘The Factors that Shape the Style’

The classification of Constantinesco

II. SEMESTER

SELECTIVE COURSES

CHILD LAW

The rules governing those who have not reached their majority, which is the completion of 18 years of age, form the basic structure of this course. United Nations Convention of the Rights of the Child, lots of other international treaties, Constitution, Criminal, Procedural, Administrative, Mass Media and Educational regulations cover these rules as well as Civil code and Labor Code. The function of these rules is to protect the child everywhere such as home, school, work, hospital, police station, prison etc. and  create safe conditions for them.

POLITICAL SCIENCE

This course examines the political thoughts (in other words “isms”) of near past and today. Relevant topics are; “Liberalism and Liberal Democracy”, “Socialism”, “Social Democracy and the Concept of Welfare-State”, “Marxism”, “Leninism”, “Fascism”, “National-Socialism”, “Anarchism”, “Feminism”.

HISTORY OF CIVILIZATIONS

The course begins with the definitions of culture and civilizations, and then it examines common characteristics of all civilizations and heritage of first civilizations. It gives a comparative short introduction of several civilizations (Indian, China, Japan, Africa, Latin America, Islam and Western) and then expounds the significance of western civilization in the globalization process as a mixture of civilizations. The course, finishes with the evaluation of the situation of our country, which is a bridge between civilizations, and with estimates and goals for future.

COMPARATIVE ROMAN LAW

The historical evolution of Roman law concepts and institutions as well as the influence of this law are examined through the comparative law method. Parallel to the institutiones law education system, the regulation modes and variations in different Roman-law-based countries of certain law concepts, especially in the areas of law of torts and goods are compared and an evaluation regarding their development is made.

III-IV. SEMESTER

COMPULSORY COURSES

OBLIGATIONS LAW I-II (General Provisions)

This course is based on the general provisions of the Turkish Code of Obligations.  The course concentrates on legal transactions especially on contracts as a source resulting in an obligation. This is followed by the performance and non performance of contracts and termination of contracts. This course also adresses the regulations related to torts, unjust enrichment, some special provisions of obligational transactions and finally assignment and delegation. Out of lessons students can use library for their research about the contents of the course. Also research assistants discuss the rulings of Turkish Appeals Court with the students, and they compose fiction problems about Turkish Obligations Law, examine and discuss these with the students.     

CRIMINAL LAW (General Part) I-II

The concept of criminal law, its duties, distinctions, general principles, historical development, resources, implementation rules and extradition are some of the topics of this class. Other than this, under the general crime theory, topics like elements of crimes (corpus reus, mens rea and unjustified act), causes influencing the crime, contempt, multiple crimes, association, recurring criminality, types of punishment, sentencing and execution are examined. Out of lessons students can use library for their research about the contents of the course. They can ask their question about courses, and discuss with each other about criminal law. Also research assistants discuss and analyze the rulings of Turkish Appeals Court with the students, and they compose fiction problems about criminal law, examine and discuss these with the students.    

ADMINISTRATIVE LAW I-II

Administrative law concerns the regulation of the relations between persons and associations to the executive force and its technical aspect, the administration. Under this title, topics like the Turkish administrative structure (central and local administration), administrative procedures and agreements, functions of the administration (public service and security), law of administrative personnel, administrative property and its ways of acquisition,  financial responsibility of the administration, legal control over administration (administrative law suits and procedure) are examined. Out of lessons students examine the main resources of Turkish Administrative Law by using library. Also professors and research assistants compose fiction problems, and students examine and analyze these with each other and with professors. Also students can examine the rulings of Turkish Appeals Court (for administrative law).    

PUBLIC INTERNATIONAL LAW I-II (GENERAL PRINCIPLES)

All of the traditional subjects of international law are considered in the light of current developments. Sources of international law and specifically law of treaties; state, international organizations and position of the individual in this legal order; jurisdiction of the state, law of the sea including problems that Turkey faces; prohibition of the use of force in the system of the United Nations, right of self-defense and the collective security system, including coercive measures; peaceful settlements of international disputes are among these subjects.

PHILOSOPHY OF LAW AND SOCIOLOGY OF LAW

The course, firstly, explains the qualities of science and philosophy and their relationships. Then, it examines justice that constitutes the cultural function and moral basis of law. It tries to clarify the meaning of ethics and,  situation and importance of justice among other ethical values. It makes criticism of approaches in philosophy of law. The social function and social bases of law are explained. Finally the course attempts at searching for a ‘just law’.

TAX LAW

Under this title, constitutional principles regarding the tax duty are examined under five parts. These are tax procedure law, tax criminal law, tax disagreements, tax confiscation law, and general guidelines of the Turkish tax system. Besides, tax types in the Turkish tax system and other revenues of the administration are examined.

HISTORY OF TURKISH LAW

The course examines the history of Turkish Law in four periods: Pre-Islamic, Islamic, Reformation (Tanzimat) and the Republic. Also it compares the history of Turkish Law and European Law, due to the reflections of westernization beginning with Reformation and materializing with the Republic in Turkish Law.

III. SEMESTER

SELECTIVE COURSES

JUSTICE PSYCHOLOGY

Psychological situations of the persons, who are in this activity, are very important in trials. For example psychology of defendant, judge, witness. Also, criminal law needs psychological information for explaining some of its topics, like animus, suspension, conditional release. Psychologies of defendants and convicts are examined in the courses.

CRIMINOLOGY

Reasons of criminality are examined by basic research ways, basic ideas and theories of criminology.

MASS COMMUNICATION LAW

After explaining general information about mass communication and mass communication law, freedom of communication is examined. Main topics of this course are; press law, responsibility due the press, radio and television law. Also recent developments, in mass communication world, are examined in this course. For example ‘internet and law’ is one of the most important topics of course.

THEORY OF DEMOCRACY

Theory of Democracy analyses the main principles of democratic regimes within historical and theoretical perspectives. This course, first of all, deals with the democratic regimes established 2500 years ago in Ancient Greece (“classical democracy”). Secondly, it deals with the intellectual sources of modern democracy (18^th century and afterwards). It further examines the philosophical, ethical and rational foundations of democracy. Lastly, “models of democracy”, i.e. “representative democracy”, “democratic elitism”, “direct democracy and participatory democracy”, “global democracy” and “cyberdemocracy” are analysed with their current implementations in today’s societies.

APPLIANCE OF THE NEW LAW

In this course, old Turkish Law and Modern Turkish Law, the terms in old law and modern law, and appliance articles in acts are examined and compared.

IV. SEMESTER

SELECTIVE COURSES

LOCAL GOVERNMENT LAW

Local governments and especially municipalities in Turkish administrate are examined in this course. In this course local government law explained from the point of history, sociology, economics and political science.

MILITARY CRIMINAL LAW

This course explains importance of military criminal law and its relationship between general criminal law. Then characteristics of military criminal law, resources of military criminal law and applicability of military criminal law with respects to space, person and time are examined. Finally the theory of military crime and its elements are examined in this course.

NATURAL RESOURCES LAW

Natural resources law examined from the point of public law in this course. This course is divided into two segments. Introduction part examines the concept of natural resources law and its general theory with in the scope of constitutional and administrative system. Second part deals with the concepts and the rules, Turkish Constitutional Court Rulings, related to the shores as an example of natural resources.

METHODOLOGY OF LAW

The course shows how logical analysis of legal norm is made. It expounds how helping logical rules for legal practice, norm types, and the relationships between logic and law. Also, it gives a basic knowledge of the method problem in social sciences. Basic methods and their reflections on law are explained. It also includes bases of logical argumentation, their usage in legal practice and the question of interpretation.   

V-VI SEMESTER

COMPULSORY COURSES

PROPERTY LAW I -II

The concepts of real rights, possesion, land register, ownership and other real rights other than ownership are examined in the scope of this course. The ownership of a condominium apartment is also held as special provisions. Out of lessons students can use library for their research about the contents of the course. Also research assistants discuss the rulings of Turkish Appeals Court with the students, and they compose fiction problems about Turkish property law, examine and discuss these with the students. They can examine the main document like land certificate, land register.    

OBLIGATIONS LAW (Special Provisions)

This course includes the types of contracts that are regulated in the second part of the Turkish Code of Obligations. The course explores the following types of contracts: contracts that result an obligation to transfer of a right or of title to property from one person to another; contracts that give right to use and profit;  contracts that result an obligation to preserve; personal securities; contracts that their results depends on coincidence. Out of lessons students can use library for their research about the contents of the course. Also research assistants discuss the rulings of Turkish Appeals Court with the students, and they compose fiction problems about Turkish Obligations Law, examine and discuss these with the students. Students can compose contracts, which they learnt and they can discuss these with the professors.       

COMMERCIAL LAW I

The main subjects of this lesson are business (commercial) enterprise law and negotiable instruments law. In commercial enterprise law we study the following subjects: “commercial enterprise” as a concept, commercial transactions (commercium), commercial suits, commercial agents, books of accounts, trade register, unfair competition, trade marks and current accounts. In negotiable instruments law we study the following subjects: “negotiable instruments” as a concept, variety of negotiable instruments, lost and annulment of a negotiable instrument, validity of bill of exchange, bond and checks, how to transfer these negotiable instruments, the results of to pay and not to pay the money these instruments include. Out of the lessons students can examine main documents of commercial law. They can reach the rulings of Turkish Appeals Court about commercial law by using library. Also they can discuss their question with each other and professors. Also research assistants compose fiction problems about commercial law and analyze these with the students. 

COMMERCIAL LAW II

In this lesson we study company law. And the subjects of this lesson are as follow: unincorporated company, the general rules of commercial corporations, the foundation of partnerships, limited partnerships, private liability companies and joint stock companies, the organization of these companies, the changes of partners or shareholders in these companies, the rights and obligations of shareholders and the annulment of these companies. Out of the lessons students can examine main documents of commercial law. They can reach the rulings of Turkish Appeals Court about commercial law by using library. Also they can discuss their question with each other and professors. Also research assistants compose fiction problems about commercial law and analyze these with the students. 

CIVIL PROCEDURE LAW I - II

In this course; judicial rules of trials and courts, appeals and arbitration as an alternative judgement model examined. Also organization of local courts and appeal court are the topics of this course. Out of the lessons students can examine the rulings of Turkish Appeals Court about civil procedure. They can use library for their research and they analyze and discuss fiction problems, which are composed by the professors with each other and research assistants. They can examine main documents of practice of law, and they can work for preparing this kind of documents. 

CRIMINAL LAW (SPECIAL PART)

After explaining the criteria about classification of crimes, Turkish Criminal Codes and other modern criminal codes are examined. Then general principles of the parts of Turkish Criminal Code are explained. That parts are; Crimes against freedom, crimes against state, crimes against public welfare etc. Also lots of crimes, in Turkish Criminal Code, examined in this course. Out of the lessons, students can examine the rulings of Turkish Appeals Court about special part of Turkish Criminal Code. They can discuss the regulating of crimes with each other and professors. Also research assistants compose fiction problems and analyze these with the students.  

GENERAL PUBLIC LAW

This course is being taught in its two dimensions: Theoretical, legal and historical evolution of the “concept of state” and fundamental rights and freedoms, with today’s conceptualisation “human rights”.

The concept of state is analysed within four phases. At the first phase inquiries focused on the examination of population and social organizations in primitive societies, i.e. Maya and Aztec civilizations, tribal populations in Solomon Islands, early social structures in Mesopotamia basin etc.

At the second phase, the subject matter is the political organisations and the principles of government in the middle ages (Medieval Europe). To this end, political thoughts of some great medieval thinkers, St. Thomas Aquinas, Marsilius of Padua and Niccolo Machiavelli, are analysed.

Third phase examines the political theories of modern times, i.e. political thoughts expounded by Jean Bodin, Thomas Hobbes, John Locke and Jean Jacques Rousseau. Inquiries on the philosophy of these thinkers draw a line leading to the establishment of “modern state”.

The subject matter of the fourth phase is the concept of sovereignty in our times. Therefore, it examines the concept of sovereignty in nation-states, federal state structure, supra-national organisations and global state era.

Second dimension of this course deals with the “General Theory of Human Rights Law”. Following topics constitute the content of the lectures:

-          Historical Development of Human Rights,

-          The Concepts of “Human Dignity” and “Human Rights”. What are Human Rights?,

-          Founding the Concept of Human Rights,

-          Categories of Human Rights,

-          Internationalisation of Human Rights,

-          Emergence of International Human Rights Law,

-          Sources of International Human Rights Law,

-          Establishment of United Nations,

-          Universal Declaration of Human Rights and Other UN Instruments on Human Rights,

-          Institutionalisation of Human Rights in Regional Level,

-          Establishment of Council of Europe,

-          European Convention on Human Rights and Its Additional Protocols,

-          Other Human Rights Instruments of Council of Europe,

-          Organization of American States and Its Human Rights Instruments,

-          Organization of African Unity and Its Human Rights Instruments,

-          Structure of Human Rights Instruments and the List of Rights.

PUBLIC INTERNATIONAL LAW III

(INTERNATIONAL LAW OF SEA, SPACE AND WATERCOURSES)

Advances in technology have brought States face to face with problems that cannot be confined within their territories and solved through traditional approaches in international law. Thus, this lesson covers three of those problems with similar characteristics and which form an indispensable part of the contemporary international law. In this context, the first subsection is the law of non-navigational uses of international watercourses. The subject is taught on the basis of the relevant 1997 Convention and examination of current issues raised by Turkey’s Southeastern Anatolian Project, GAP. The second subsection deals with marine pollution. The subject is examined in terms of prescriptive and enforcement jurisdiction of the coastal State, on the basis of the definition and sources of marine pollution, regional and general conventions relating to marine pollution and relevant Turkish legislation. The last subsection covers the Law of Outer Space. First, a general overview of past and potential issues arising out of civilian and military uses of outer space, particularly of satellite activities directed to and from the earth, is given. Then, international law on the subject is reviewed in accordance with its sources and the principles governing such uses, and in the light of recent developments.

SUPRANATIONAL HUMAN RIGHTS LAW

In 2003-2004, as an obligatory lecture for the diploma of law, the Supranational Human Rights Law is firstly introduced to the curriculum of the University of Istanbul, Faculty of Law. It had been optional for a diploma for the last 7 years. As well known, the importance of the concept of human rights, which means the restriction of the state authority in favor of individuals, gradually increases. The minimum standards of human rights are the primary consideration in accessing global and regional inter-governmental organizations, such as the European Union.

The technical analyses of the various systems, which object the establishment, protection, and promotion of human rights constitutes the essential subject of Supranational Human Rights Law. Through this analysis, students will be informed on the situation of current human rights standards. In this context, global instruments, such as general and specific human rights covenants adopted by United Nations, and regional instruments, such as European Convention on Human Rights adopted by Council of Europe, Inter-American Convention on Human Rights adopted by Organization of American States and African Charter on Human and Peoples Rights adopted by Organization of African Unity, are briefly examined.

Besides this analysis, the contents and elements of specific rights are revealed in the light of relevant conventions and jurisprudence. Furthermore, “procedural law” of human rights is taken into account. In lectures, attention will be given to the fact that Turkey is a state party to the most of the human rights instruments and these instruments are integral part of Turkish law. In other words, by ratifying an international instrument, the Turkish Parliament incorporates that instrument into Turkish municipal law and where relevant, its provisions become self-executing. Thus, these instruments bind every competent authority of the state. 

V. SEMESTER

SELECTIVE COURSES

HUMANITARIAN LAW

Humanitarian law may be defined as the sum of all rules regulating the minimum standards of conduct regarding civilians and combatants, in cases of war or armed conflict. The subject will be dealt with both, its aspect concerning the right to initiate wars (jus ad bellum) and that covering the rules that apply during a war (jus in bello). The students will be taught about the development and sources of humanitarian law, maintenance of international peace and security, categories of armed conflict, the outbreak of conduct on land, at sea and in air of, and end to armed conflict, law of neutrality, enforcement of humanitarian law, crimes under humanitarian law, sanctions against violations of humanitarian law and legal recourse against offenders, with a positivist approach and in the light of recent developments

THE LAW OF DEVELOPMENT AND CONSTRUCTION

In this course, especially development plan of municipalities and building permit topics are explained in the concept of theory, practice and rulings of appeal.  

ENVIRONMENT LAW

This course explained in the concept of Turkish Environment Act and regulations of this Act. Main topics of this course are; The aim of Act, the terms of Act, measures and prohibitions about safety of environment, Environment pollution prevention foundation, responsibility system and environment crimes.

INTERNATIONAL ORGANIZATIONS

The “International Organizations” course is aimed at giving a general overview of the legal status of international organizations as one of the subjects of international law that play an increasingly important role in international relations in the aftermath of World War II. The course will be considered in two parts, with the first part on definition, types (universal, regional, functional etc.) and legal personality of international organizations in general and the second part on the organizations with which Turkey is associated, within the framework of the organizational structure of Europe. In this context, especially the European Union, the Organization for Security and Co-operation in Europe, the North Atlantic Treaty Organization (NATO) will be examined with their legal, political, economic and security dimensions and in the light of recent developments.

CONSUMER LAW

Code of  Consumer Protection (Code No:4077) establishes rules that regulate the relationships of consumers. The main topics are as follows:

1.       The developments of consumer law in the world and in Turkey

2.       The rights of consumers against defective products

3.       Sale on credits

4.       Consumer credit contracts

5.       The principles of commercial advertisements and notices

6.       Consumer arbitration procedure

VI. SEMESTER

SELECTIVE COURSES

ECONOMIC CRIMES

Economic crimes, as a part of special criminal law, explain the definition economic crimes and result of this definition. Then economic crimes examined, from the point of comparative law and Turkish Law.

INTERNATIONAL CRIMINAL LAW

The course, firstly explains the main characteristics of International criminal law. Then it examines territorial principle, which means each state punishes the offenses, which have been committed on its soil. Personality and security principles are explained for the other situations, which territorial principle is not being applicable. The course informs recent developments on Extradition and International Criminal Court.

THE LAW OF UNREGULATED CONTRACTS

This course deals with the contracts that are not regulated in the Turkish Code of Obligations but mostly famous in the practical life such as, license agreements, know-how, management, sponsorship and travel agreements.

AIR AND SPACE LAW

The main topics of this course are: Basic terms of space law. Definition of air law and its characteristics. The term of air ships term. Real rights on air ship. Responsibility of air carrier according to international and national rules.

COMPETITION LAW

After studying the sources of The Act on the Protection of Competition and its relationship with European Competition Law, the protection system that The Act brings is studied. The subjects of this lesson are as follow Agreements, concerted practices of the enterprises and decisions of associations of enterprises that prevent or restrict competition, abuse of dominant position, mergers and acquisitions between enterprises, exemptions and administrative penalty payments.

VII-VIII. SEMESTER

COMPULSORY COURSES

PRIVATE INTERNATIONAL LAW I-II

This course examines the field of private international law and gives an introduction to civil law and commercial law materials that are confronted with a foreign element connected with different nationalities of parties, foreign domicile or transaction with links to foreign countries. The general part of private international law is dealt with qualification, renvoi, preliminary, questions and order public. In addition articles of the Act on Private International Law an Procedural Law named as MÖHUK related with agency, marriage and its legal effects, divorce, law of inheritance, law of contracts and obligations, tort and real property, etc. will be discussed by the regulations laid down in international conventions which have priority over national conflict of laws rules on that matter. The procedural aspect on international law of civil procedure such as jurisdiction, proof and competence of courts will be also considered. Besides the subject of international arbitration is discussed as well as problems relating to recognition an enforcement of foreign court and arbitral awards.

Finally, law of nationality and law of foreigners are examined in detail as well as being the subject of the course. Out of the lessons students can examine main documents of international private law. They can reach the rulings of Turkish Appeals Court about international private law by using library. Also they can discuss their question with each other and professors. Also research assistants compose fiction problems about international private law and analyze these with the students.  

MARITIME TRADE LAW

Topics of this class are the ship, real rights on the ship, the ship owner, the ship owner’s responsibilities, the captain, offreightment agreements, responsibilities of the carrier, sea accidents, legal pawn rights and forcible execution on ships. Out of the lessons students examines main documents of maritime trade like offreightment agreements. Also they can get more details about sea accident from the governments. They can reach the rulings of Turkish Appeals Court about maritime trade, and the research assistants compose fiction problems about maritime trade, and analyze these with students.   

EXECUTION AND BANKRUPTCY LAW I  (EXECUTION LAW)

EXECUTION AND BANKRUPTCY LAW II (BANKRUPTCY LAW)

After an introduction of execution organs, procedures of execution o court orders and rules applicable to execution without court order, especially the execution of papers of value are examined. Other than this, execution and bankruptcy crimes and attachments are examined.  Under bankruptcy law, the procedures of bankrupting for a person of commerce and the composition are shown. Besides, the liquidation of goods after bankruptcy and the clearing of the debts are examined. Out of the lessons students can use library to reach basic material of Turkish execution and bankruptcy law. Also they examine and discuss rulings of Turkish Appeals Court and fiction problems, which are composed by professors.

LABOR LAW I-II

In employment law (Labor Law I), workers (employees) relations with their employers are thought on the basis of employment contract. Especially binding of employment contracts, their provisions and termination of employment contracts are some of the main topics of the course.

 In Labor Law II, worker – employee relations are examined on collective level, around the concept of unions. Foundation of unions and their operative system, collective agreement end their binding procedure, peaceful settlements of industrial disputes and industrial legal struggle, strike and lock-out are some of the main topics of the course. Students can work about international organizations for labor law out of the lessons. Also they can reach the rulings of Turkish Appeals Court by using library and discuss these rulings. Also professors compose fiction problems for students. The students analyze these.      

CRIMINAL PROCEDURE LAW I - II

After explaining basic terms of criminal procedure, its applicability with respect of space, time and person is explained. Also, general principles of criminal procedure law, persons on criminal procedure: judge, public prosecutor, defendant, defense attorney, private prosecutor and intervener; subject of criminal procedure, evidence; Special Prosecutional Safety Measures like detention, search; criminal trial procedure, appeals, judgment, res judicata and special criminal procedures are studied in this course. Out of the lessons, students can reach research assistants and professors for their questions. They can examine the rulings oh Turkish Appeals Court and discuss these with each other. The professors compose fiction problems for students and analyze these with students.      

ADMINISTRATIVE TRIAL LAW

In this course, administrative trial organization and administrative trial procedure are studied. In this sc ope, the subject that responsibility of administration have special importance.

INSURANCE LAW

The main topics of this course are; controls and workings of insurance companies, insurance agents, insurance contract and its terms, dissolution of an insurance contract, subrogation of insurer. Out of the lessons students can examine the main documents of insurance law like insurance contract. The students examine the rulings of Turkish Appeals Court. Also analyze the fiction problems about insurance law.  

LAW OF SUCCESSION

Parentals, other persons who may inherit, wills, agreement of inheritance, reserved portions, transfer of the estate and distribution of the estate are the main issues that are addressed in this course. Out of the lessons students can examine basic books of this course. They discuss the rulings of Turkish Appeals Court. Also professors compose fiction succession problems for students and analyze these with the students.  

SOCIAL SECURITY LAW

In social security law legal dimension of employees and self-employeds security against social risks constitutes the basis of the course. Legal basis of safety at work, accidents at work, medical care, sickness benefits, unemployment benefits, old-age benefits, maternity benefits, invalidity benefits and survivor benefits are some of the main topics of the course. Out of the lessons, students ask their questions to the professors and research assistants. They can reach the rulings of Turkish Appeals Court by using library. Also the professors compose fiction problems and analyze these with the students.       

FORENSIC MEDICINE

The aim of this course are giving information that facilitate to understand reports which are prepared in the investigation and prosecution stages, by medical laboratory, physician and expert of forensic medicine for proving. Death and its samples, wounds and crusheds, birth and miscarriage, rape and medical psychiatry are subjects of this course.

VII. SEMESTER

SELECTIVE COURSES

EUROPEAN UNION PRIVATE LAW

This course concentrates on the foundations of the united Europe and the fundamental values of the European Union by focusing on the institutions of the EU and interaction between them; legal sources of the community law; the community legal order –creation of law / legislative process-; basic doctrins of the community law.

This introductive part is followed by the examination of EU private law. This part starts with information regarding the free movement of goods, persons and workers and mainly focuses on the competition law of the community.

INTELLECTUAL PROPERTY LAW

In this lesson first of all we study the following subjects as concepts; intellectual property, patent, trade mark, industrial property, geographical signs and the protection system for these in Turkish Legal System with their common sides. Later especially intellectual property law and patent law are studied in this lesson. The other subjects of this lesson are as follow: being the owner of an intellectual property, the fiscal and moral rights that intellectual property owner has and these rights to be subjects to contracts, the protection system of these rights, the concept of invention in patent law, the conditions and procedure for registering patents, the rights that patent gives its owner, breach of patent rights and limits of patent rights.

ISLAMIC LAW

1. General characteristic of Islamic Law

2. Developing stages of Islamic Law

3. Sources of Islamic Law

4. Constitutional organs, main crimes and their penalties, company process and company samples, contract concept and contract samples, property and possession concepts in Islamic Law

5. Sects in Islamic Law and to study interpretation and interpreter concepts.

CAPITAL MARKET LAW

The characteristics of Turkish Capital Market, capital market activities and control of these activities are studied in this lesson from a legal point. The subjects of this lesson are as follow: the capital market instruments that are transacted in Turkish Capital Market and public offer of capital market instruments, publicly held companies, capital market activities, capital market institutions and Capital Market Boards of Turkey.

COOPERATIVE ASSOCIATION (COMPANY) LAW

In this lesson the following subjects are studied: The foundation and organization of the cooperative company, the changes of co partners in this company, the rights and obligations of co partners, the responsibility system, accounts of the company and the annulment of the company.

SECURITIES LAW

The main topics of this course is as follows: suretyship; letter of guarantee; contract of pledge; chattel mortgage; mortgage; pledge of assets agreement; pledge of a right; pledge of a share certificate; pledge of a receivable; pledge of a movable/immovable/receivable as surety.

TAX TRIAL AND EXECUTION LAW

In this course firstly the scope of conflicts of tax is defined. After this, procedure and rules of tax conflicts solution with judgement are studied.

Except for above mentioned, special prosecution and collection procedure which are regulated in Code of number 6183 that all public debt along taxes are depend on are studied.

All these studies are made with sample cases and court decisions. In this way, theoretical informations are put into practice.

VIII. SEMESTER

SELECTIVE COURSES

EXECUTION OF PENALTIES LAW 

In the frames of the Code of Execution of Penalties and Regulations of Execution of Penalties, penal sanctions, final sentence, procedure of execution of penal sanctions, procedure of prison in Turkish Penal Law and Turkish Execution of Penalties Law are studied.

BANKING LAW

In this lesson, the foundation of banks, the control of banks and the transactions of banks are studied. The subjects of this lesson are as follows: Turkish Banking Legislation, the necessary conditions that banks should have when starting business, the issues that have special importance for bank shareholders, the organization of banks, accounts and books of accounts of banks, how to control the banks and banking transactions.

ADVOCACY LAW

“Advocacy Law” is studied in four basic chapters:

I. Chapter: Short History of Advocacy Law: The advocacy in old Greek and Rome are described in this chapter

II. Chapter: Organization Of Judiciary In Independent and Democratic Country: The thesis that judiciary consist of institutions of claim (represent by public prosecutor), defence (represent by advocat) and judgement (represent by judge) is taught in this chapter. In this way, the position of advocat in the judiciary is demonstrated.

III. Chapter: The Meaning and Importance of Institutional Defence In Judiciary

IV. Chapter: Organization Of Institutional Defence In Judiciary: Elements of institutional defence in the judiciary (for instance; mandatory advocacy, prohibition of ad, professional secret, organization of bar, independence of advocat, immunity of defence, collection of proof authority,  cross examination authority, advocates’ offices) are basic subjects of this chapter.

CARRIAGE LAW

In this lesson firstly we study the general conditions of carriage agreement. Then we study the following subjects: the variety of carriage agreements and in this respects the rules that are practiced on national and international carriage, the responsibility of carrier under Turkish Commercial Code and CMR (Convention on the Contract for the International Carriage of Goods by Road).

CONSTRUCTION CONTRACTS

This course deals with the following topics: the formation of construction contracts; the rights and responsibilities of contractors and other party; the termination of construction contracts and results of the termination;  the legal transactions between architect, contractor and the person who employs them; a special type of construction contracts (construction contracts in return for the ownership of a condominium apartment/s); the civil liability of workers that are involved in the construction.

FOREIGN TRADE LAW

In this lesson first of all, we study commercial contracts and international trade law, then the main characteristics of international commercial contracts and sources of foreign trade law are studied. The other subjects of this lesson are as follow: the practice of international commercial contracts, especially international commercial selling, the main rules of international commercial selling and the regime it is subject to, the variety of international selling, export and import regime, financing the foreign trade (payment methods), foreign exchange regime and the methods that are practiced to solve conflict of interests which take place in international trade.