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ISTANBUL UNIVERSITY

FACULTY OF LAW

 

 

OPTIONAL COURSES

 

YEAR 1

SEMESTER 1

 

SOCIOLOGY

Course Code:

ECTS Credits: 4

1st year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week           Tutorials: -

in Turkish

 Contact: M. Tevfik Ozcan

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.

 

 

 

 

 

 

 

HISTORY OF CIVILIZATION

Course Code:

ECTS Credits: 4

1st year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week             Tutorials: -

in Turkish

 Contact: M. Tevfik Ozcan, Cihan Osmanagaoglu

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.

 

 

 

 

 

 

 

ROMAN INSTITUTIONS

Course Code:

ECTS Credits: 4

1st year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Diler Tamer, Havva Karagoz Cokyasar

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.

 

 

 

 

 

 

 

COMPERATIVE CIVIL LAW

Course Code:

ECTS Credits: 4

1st year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Hasan Erman

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

 

 

 

 

 

 

 

SEMESTER 2

JUVENILE LAW

Course Code:

ECTS Credits: 4

1st year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Rona Serozan, Mehmet Semih Gemalmaz

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

Course Code:

ECTS Credits: 4

1st year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Oktay Uygun

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

 

 

 

 

 

 

POLITICAL HISTORY

Course Code:

ECTS Credits: 4

1st year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Oktay Uygun

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 1st World War.

 

 

 

 

 

 

 

 

COMPERATIVE ROMAN LAW

Course Code:

ECTS Credits: 4

1st year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Diler Tamer, Havva Karagoz Cokyasar

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.

 

 

 

 

 

 

 

YEAR 2

SEMESTER 1

CRIMINOLOGY

Course Code:

ECTS Credits: 4

2nd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Fusun Sokullu Akinci

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

 

 

 

 

 

 

 

 

 

MASS COMMUNICATION LAW

Course Code:

ECTS Credits: 4

2nd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Adem Sozuer

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

 

 

 

 

 

 

APPLIANCE OF THE NEW LAW

Course Code:

ECTS Credits: 4

2nd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Tufan Oguz

 

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.

 

 

 

 

 

 

 

THEORY OF DEMOCRACY

Course Code:

ECTS Credits: 4

2nd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Oktay Uygun

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 (18th 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.

 

 

 

 

 

 

 

SEMESTER 2

METHODOLOGY OF LAW

Course Code:

ECTS Credits: 4

2nd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Sevtap Metin

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.   

 

 

 

 

 

 

 

LOCAL AUTHORITIES LAW

Course Code:

ECTS Credits: 4

2nd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Il Han Ozay, Aydın Gulan

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.

 

 

 

 

 

 

 

 

NATURAL RESOURCES LAW

Course Code:

ECTS Credits: 4

2nd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Il Han Ozay, Aydın Gulan

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.

 

 

 

 

 

 

 

POLITICAL PARTIES LAW

Course Code:

ECTS Credits: 4

2nd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ozcan

In this course we try to clarify the concept of political parties. In addition we focus on the establishment and historical development of them. Moreover Turkish Political Parties Law is examined comperatively with international law and EU Law. Considering the understanding of modern democracy, we try to make clear the deficiencies of Political Parties Law in Turkey and to find probable solutions to these problems.

 

 

 

 

 

 

 

 

 

 

 

YEAR 3

SEMESTER 1

INTERNATIONAL ORGANIZATIONS LAW

Course Code:

ECTS Credits: 4

3rd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Ayse Nur Tutuncu

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

Course Code:

ECTS Credits: 4

3rd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Baki Ilkay Engin

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

 

The developments of consumer law in the world and in Turkey

The rights of consumers against defective products

Sale on credits

Consumer credit contracts

The principles of commercial advertisements and notices

Consumer arbitration procedure

 

 

 

 

 

 

 

HUMANITARIAN LAW

Course Code:

ECTS Credits: 4

3rd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Ayse Nur Tutuncu

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

 

 

 

 

 

 

 

 

 

URBAN PLANNING LAW

Course Code:

ECTS Credits: 4

3rd year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Il Han Ozay, Aydin Gulan

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

 

 

 

 

 

 

 

SEMESTER 2

INTERNATIONAL LAW ON PREVENTION OF MARINE POLLUTION

Course Code:

ECTS Credits: 4

3rd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Ayse Nur Tutuncu

This course is on the subjects of the marine pollution in general and the ship generated marine pollution in detail. It is explained in the light of current developments and actual events by considering and illustrating international law sources, principles and standards which regulate related activities, international and regional documents, Turkish legal acts, directions and court decisions.

 

Course Contents:

Important basic concepts of international law of the sea for a State’s prescriptive and enforcement jurisdiction.

Definition of the marine pollution

Origins of the marine pollution

Generally accepted international standards regulating technical issues concerning prevention, reduction and control of the ship generated marine pollution

International and regional documents which constitute basis of a State’s prescriptive and enforcement jurisdiction in terms of prevention, reduction and control of the ship generated marine pollution

The Turkish law regarding the prevention and control of pollution

 

 

 

 

 

 

INTERNATIONAL CRIMINAL LAW

Course Code:

ECTS Credits: 4

3rd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Yener Unver

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.

 

 

 

 

 

 

 

 

COMPETITION LAW

Course Code:

ECTS Credits: 4

3rd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ulgen, Omer Teoman, Mehmet Helvaci, Abuzer Kendigelen, Arslan Kaya, Fusun Nomer Ertan

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.

 

 

 

 

 

 

 

 

 

UNCODIFIED CONTRACTS LAW

Course Code:

ECTS Credits: 4

3rd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Saibe Oktay Ozdemir, Tufan Oguz

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

Course Code:

ECTS Credits: 4

3rd year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Inci Kaner, Zehra Seker Oguz

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.

 

 

 

 

 

 

 

YEAR 4

SEMESTER 1

INTELLECTUAL PROPERTY LAW

Course Code:

ECTS Credits: 4

4th year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ulgen, Omer Teoman, Mehmet Helvaci, Abuzer Kendigelen, Arslan Kaya, Fusun Nomer Ertan

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.

 

 

 

 

 

 

 

CAPITAL MARKET LAW

Course Code:

ECTS Credits: 4

4th year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ulgen, Omer Teoman, Mehmet Helvaci, Abuzer Kendigelen, Arslan Kaya, Fusun Nomer Ertan

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.

 

 

 

 

 

 

 

 

 

 

 

EUROPEAN UNION PRIVATE LAW

Course Code:

ECTS Credits: 4

4th year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ulgen, Omer Teoman, Mehmet Helvaci, Abuzer Kendigelen, Arslan Kaya, Fusun Nomer Ertan

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.

 

 

 

 

 

 

 

 

 

GUARANTEE LAW

Course Code:

ECTS Credits: 4

4th year=1st semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Ilhan Helvaci, Gulcin Elcin Grassinger

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.

 

 

 

 

 

 

 

SEMESTER 2

BANKING LAW

Course Code:

ECTS Credits: 4

4th year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ulgen, Omer Teoman, Mehmet Helvaci, Abuzer Kendigelen, Arslan Kaya, Fusun Nomer Ertan

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.

 

 

 

 

 

 

 

TRANSPORTATION LAW

Course Code:

ECTS Credits: 4

4th year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Huseyin Ulgen, Omer Teoman, Mehmet Helvaci, Abuzer Kendigelen, Arslan Kaya, Fusun Nomer Ertan

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).

 

 

 

 

 

 

 

HUMAN RIGHTS PROCEDURE LAW

Course Code:

ECTS Credits: 4

4th year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: M. Semih Gemalmaz

In 2006-2007 academic year, as an optional course for the diploma of law, the Procedural Law of Human Rights has firstly been introduced to the curriculum of the Istanbul University, Faculty of Law. Procedural aspects of supranational/international human rights law has already been included in the main body of Supranational Human Rights Law course. However, extensive problems of procedural law and their complexity deserve special attention. Brief description of the course is as follows:

I) Supervisory Bodies

A)    Structure of the Bodies

B)     Member Composition of the Bodies

C)     Competence of the Supervisory Bodies

II) Supervision and Monitoring Procedures

A) Reporting Procedure

B) Petition/Application Procedure

1) Individual Applications

2) Inter-State Applications

      C) Inquiry (including fact-finding mission of supervisory bodies) Procedure

D) On site Visits

III) Admissibility of Applications

A) Competence of the Relevant Supervisory Body

1) Competence Ratione Personae

2) Competence Ratione Temporis

3) Competence Ratione Loci

4) Competence Ratione Materiae

B) Exhaustion of Domestic Remedies

C) Time Limit

D) Victim Requirement

IV) Procedural Hurdles that Impair Applications

A) Unsubstained Individual Applications

B) Workload of the Supervisory Bodies

 V) Enforcement of Judgments and Decisions

VI) Third Party Intervention and Its Impact on the Decision making Processes

 

 

 

 

 

 

 

 

ADVOCACY LAW

Course Code:

ECTS Credits: 4

4th year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Diler Tamer, Havva Karagoz Cokyasar

“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.

 

 

 

 

 

 

 

CONSTRUCTION LAW

Course Code:

ECTS Credits: 4

4th year=2nd semester

Undergraduate

Required

2h/week

Lectures: 2h/week            Tutorials: -

in Turkish

 Contact: Hasan Erman

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.

 

 

 

 

 



 
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