Course Information
SemesterCourse Unit CodeCourse Unit TitleT+P+LCreditNumber of ECTS CreditsLast Updated Date
5HUK 343Innominate Contracts2+0+02202.11.2026
Course Details
Language of Instruction Turkish
Level of Course Unit Bachelor's Degree
Department / Program Law
Type of Program Formal Education
Type of Course Unit Elective
Course Delivery Method Face To Face
Objectives of the Course To give the theory, types, validity conditions of atypical and mixed contracts formed by the parties within the framework of freedom of will, which are not specifically regulated in the Turkish Code of Obligations, and methods for determining the legal provisions to be applied in disputes arising from these contracts at the undergraduate level.
Course Content Freedom of contract and its limits, typical and atypical contract separation, types of anonymous contracts (mixed, combined contracts with their own unique structure), theories of the rules to be applied to these contracts (absorption, consolidation, comparison theories), the role of the rule of law filling gaps and honesty, types of anonymous contracts that are often encountered in practice (leasing, franchising, factoring, sole salesmanship) and analysis of relevant judicial decisions.
Course Methods and Techniques Expression, question-and-answer, discussion, examination of contract text, case study analysis, and evaluation of judicial decisions.
Prerequisites and co-requisities None
Course Coordinator None
Name of Lecturers Asist Prof.Dr. Nurgül KUTLU DOĞAR
Assistants Research Assist. Betül KORKMAZ
Work Placement(s) No

Recommended or Required Reading
Resources Prof. Dr. Fikret Eren / Prof. Dr. İpek Yücer Aktürk, Borçlar Hukuku Özel Hükümler, 13. Baskı, Legem Yayıncılık, 2025
Course Notes All general and specific relevant provisions of the Turkish Code of Obligations and other relevant special legislation, basic and supplementary textbooks related to the course, sample contract texts concerning unnamed types of contracts, classifications in the doctrine, sample cases, practical study texts, and judicial decisions.

Course Category
Field %100

Planned Learning Activities and Teaching Methods
Activities are given in detail in the section of "Assessment Methods and Criteria" and "Workload Calculation"

Assessment Methods and Criteria
In-Term Studies Quantity Percentage
Mid-terms 1 % 40
Final examination 1 % 60
Total
2
% 100

 
ECTS Allocated Based on Student Workload
Activities Quantity Duration Total Work Load
Course Duration 14 2 28
Hours for off-the-c.r.stud 14 2 28
Mid-terms 1 2 2
Final examination 1 2 2
Total Work Load   Number of ECTS Credits 2 60

 
Course Learning Outcomes: Upon the successful completion of this course, students will be able to:
Bilgi 
1 Can distinguish between typical and atypical contracts based on their legal characteristics.
Beceri 
2 It can resolve anonymous contract disputes encountered in practice using relevant methods.
Yetkinlik 
3 Can evaluate current judicial decisions within the framework of the limits of freedom of contract.
4 It can develop legal solutions for new disputes arising in developing sectors.

 
Weekly Detailed Course Contents
WeekTopicsStudy MaterialsMaterials
1 Definition of unnamed contracts, the principle of freedom of contract, distinction between named and unnamed contracts
2 Types and legal characteristics of unnamed contracts, provisions and general principles applicable to unnamed contracts
3 Definition, elements, legal nature, and types of a license agreement
4 Establishment of the license agreement, rights and obligations of the parties
5 License agreements within the scope of the Industrial Property Law
6 License agreements under the Law on Intellectual and Artistic Works
7 License agreements under the Law on Intellectual and Artistic Works
8 Mid Term
9 The definition, elements, and legal nature of the settlement agreement
10 Establishment of the settlement agreement, conditions of validity, and the rights and obligations of the parties
11 Provisions of the settlement agreement, its termination, and legal consequences
12 Definition, elements, and legal nature of the contract of leaving for sale
13 Establishment of the contract for leaving goods for sale and the rights and obligations of the parties
14 Provisions, termination, and legal consequences of the contract for leaving for sale
15 Practice Examples Related to Settlement and Transfer Agreements for Sale

 
Contribution of Learning Outcomes to Programme Outcomes
P1 P2 P3 P4 P5 P6 P7 P8 P9 P10
All 5 5 5 4 4 5 3 5 3 3
In1 4 4 5 4 4 4 3 5 3 4
Sk2 5 5 5 4 3 5 3 5 4 3
Co3 4 5 4 4 4 4 3 5 4 3
Co4 5 5 5 5 4 5 3 5 3 4

  Contribution: 1: Very Slight 2:Slight 3:Moderate 4:Significant 5:Very Significant