Course Information
SemesterCourse Unit CodeCourse Unit TitleT+P+LCreditNumber of ECTS CreditsLast Updated Date
6HUK 302Obligations Law Special Provisions II3+0+03402.11.2026
Course Details
Language of Instruction English
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 To introduce the contractual relations (Works, Construction for Land Share, Power of Attorney and Surety) and the criteria that distinguish them, which are specially regulated in the Turkish Code of Obligations; to gain the ability to apply the rules of private debt relations to concrete events and judicial Decrees at the undergraduate level.
Course Content Definition, elements of the work contract, liability for negligence, incomplete performance, lump sum and adaptation; legal nature of the construction contract in exchange for land share, withdrawal from the contract and protection of third parties; proxy contract, duty of care of the proxy, representation relations and differences with the work contract; ordinary and fiduciary surety as a personal assurance contract, validity conditions and Decrees of the guarantor.
Course Methods and Techniques Expression, comparison of types of contracts, legislative review, practical work, case analysis, and in-class discussion.
Prerequisites and co-requisities None
Course Coordinator None
Name of Lecturers Prof.Dr. Murat ORUÇ
Assistants Research Assist. Betül KORKMAZ
Work Placement(s) No

Recommended or Required Reading
Resources Cevdet Yavuz/ Faruk Acar/ Burak Özen; Borçlar Hukuku Dersleri (Özel Hükümler), 20. Baskı, Beta Yayınları, 2025.
Fikret Eren/İpek Yücer Aktürk; Borçlar Hukuku Özel Hükümler, 13. Baskı, Legem Yayıncılık, 2025.
Mustafa Alper Gümüş, Borçlar Hukuku Özel Hükümler Kısa Ders Kitabı, 8. Baskı, Yetkin Yayıncılık, 2024.
Hasan Ayrancı/Fahrettin Aral; Borçlar Hukuku (Özel Borç İlişkileri), 18. Baskı, Yetkin Yayıncılık, 2025.
Course Notes Provisions of the Turkish Code of Obligations No. 6098 concerning the continuation of special debt relations; lecture notes, sample case texts, and judicial decisions related to contracts such as work, agency, suretyship, and other relevant types of agreements.

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 3 42
Hours for off-the-c.r.stud 14 5 70
Mid-terms 1 2 2
Final examination 1 2 2
Total Work Load   Number of ECTS Credits 4 116

 
Course Learning Outcomes: Upon the successful completion of this course, students will be able to:
NoLearning Outcomes
1 It analyzes a specific debt relationship and contract type encountered by taking into account objective-based factors.
2 Applies the rules regarding defects, incomplete performance, lump-sum payment, and withdrawal from the contract in works and construction contracts to concrete disputes.
3 It explains the scope of the duty of care in the agency contract and the specific validity conditions of the surety contract.
4 Evaluates the structural differences between the power of attorney and work contracts and the Deciencies of the ordinary guarantor in the bail contract in the light of judicial decisions.

 
Weekly Detailed Course Contents
WeekTopicsStudy MaterialsMaterials
1 Work Contract: Definition, Objective-Based Elements and Legal Nature
2 Parties to the Work Contract, Obligations of the Parties, Contractor ` s Personal Performance and Duty of Care
3 Rights and Obligations of the Employer in the Work Contract and the Concept of Incomplete Performance
4 Conditions of Liability for Defects in the Work Contract, Inspection and Notification Obligations, and Optional Rights
5 Types of Remuneration in Contracts for Works ( lump sum payment - approximate payment) and Adaptation of Lump Sum Payment
6 Loss of the Contractor ` s Ability to Complete and Circumstances Leading to Termination of the Work Contract
7 Construction Contract in Exchange for Land Share: Definition, Elements, Legal Nature and Types
8 MIDTERM
9 Construction Contract in Exchange for Land Share: Contractor ` s Default, Retroactive Termination Conditions, and Litigation Procedure
10 Construction Contract in Exchange for Land Share: Effect of Contract Termination on Third Parties (Buyers Acquiring the Land Share)
11 Power of Attorney Agreement: Definition, Elements, Legal Nature and Nature of the Work, Structural and Decisional Differences Between the Work Agreement and the Power of Attorney Agreement
12 Duties of the Agent (Duty of Care and Loyalty, Duty of Accountability, Duty of Personal Performance) and Indirect Representation
13 Obligations of the Grantor of Power of Attorney, Termination of the Power of Attorney Agreement
14 Surety Agreement: Definition, Purpose, Legal Nature (Subsidiary and Subordinate Character), and Validity Conditions (Form, Maximum Amount, Spousal Consent)
15 Bail Agreement: Types of Bail (Ordinary, Fiduciary, Joint Bail), Def of the Guarantor (Def of Discussion and Cashing of the Pledge) and Termination of Bail

 
Contribution of Learning Outcomes to Programme Outcomes
P1 P2 P3 P4 P5 P6 P7 P8 P9 P10
All 5 5 5 5 3 5 3 5 4 3
C1 5 4 5 4 3 4 3 4 4 3
C2 5 5 4 5 3 5 3 4 3 3
C3 4 5 5 4 4 4 3 5 4 3
C4 5 4 4 5 3 5 4 5 4 3

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