|
Language of Instruction
|
Turkish
|
|
Level of Course Unit
|
Bachelor's Degree
|
|
Department / Program
|
Law
|
|
Type of Program
|
Formal Education
|
|
Type of Course Unit
|
Compulsory
|
|
Course Delivery Method
|
Face To Face
|
|
Objectives of the Course
|
The aim of this course is to convey the general provisions of the Turkish Code of Obligations numbered 6098 to the students, to provide theoretical background on the origin, provisions, types and termination of debt relationship; to analyze the basic legal rules such as tort, gratuitous enrichment, freedom of contract, will disorders and perfect liability in the light of current judicial case law and scientific discussions in doctrine, to provide analytical problem solving skills and to apply them to concrete legal disputes.
|
|
Course Content
|
This course covers the fundamental principles of the law of obligations, its sources, the concepts of debt and debt relationship, and the principles of liability. After examining the establishment of contracts, validity conditions, form elements and general transaction conditions; violations of will and representation provisions are considered. In addition, liability arising from tort (defective and perfect cases of liability) and gratuitous enrichment institutions are processed with a holistic approach accompanied by current judicial decisions and practical dispute resolution (analysis and implementation).
|
|
Course Methods and Techniques
|
The course is conducted through lectures, Q&A sessions, analysis of sample contracts, and practical case studies. Students identify the offers and acceptances in sample contract texts, assess whether a contract has been formed, and review the general terms and conditions in light of the provisions of the Turkish Code of Obligations. In practical exercises, they identify the parties’ claims and the legal grounds for those claims, and justify the conclusions they reach in light of relevant statutory provisions, current Supreme Court decisions, and scholarly opinions.
|
|
Prerequisites and co-requisities
|
None
|
|
Course Coordinator
|
None
|
|
Name of Lecturers
|
Prof.Dr. Murat AYDOĞDU
|
|
Assistants
|
Research Assist. Cahit Baybars Kayhan
|
|
Work Placement(s)
|
No
|
Recommended or Required Reading
|
Resources
|
Aydoğdu, Murat/ Nart, Serdar ; Borçlar Hukuku Genel Hükümler Şemalar ile Açıklamalı, 2. Baskı, Adalet Yayınları, 2024. Prof. Dr. Fikret Eren; Borçlar Hukuku Genel Hükümler, 30. Baskı, Legem Yayıncılık, 2025.
|
|
Course Notes
|
The course notes follow the general provisions of the Turkish Code of Obligations No. 6098. The notes cover the distinction between a debt and a debt relationship, the sources of debt, types of performance, the principle of proportionality, and exceptions to this principle. Topics related to contracts include the formation of a contract through offer and acceptance, the limits of contractual freedom, validity and form requirements, the interpretation of contracts, and the review of general terms and conditions. Fraudulent conveyance, defects of consent (mistake, fraud, and duress), authority to represent, and unauthorized representation are also examined. Torts and unjust enrichment are addressed within the framework of the sources of debt. When examining types of liability, emphasis is placed on the distinction between liability based on fault and strict liability.
|
Course Category
|
Social Sciences
|
%100
|
|
|
Field
|
%100
|
|
|