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Language of Instruction
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Turkish
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Level of Course Unit
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Bachelor's Degree
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Department / Program
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Law
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Type of Program
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Formal Education
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Type of Course Unit
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Compulsory
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Course Delivery Method
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Face To Face
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Objectives of the Course
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To enable students to understand the legal regulations related to the fulfillment of debt, creditor and debtor default and breach of debt; to gain the competence to analyze and resolve legal disputes related to fiduciary indebtedness, penal conditions, statute of limitations, transfer of receivables and assumption of debt in accordance with current judicial decisions.
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Course Content
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This course covers the proper performance of a debt (place, time, and parties of performance), the order of performance in contracts imposing obligations on both parties, and creditor default. After examining the cases of breach of debt (defective impossibility, failure to perform properly), the conditions of debtor default and the general and specific consequences of default; situations that are characteristic in debt relations (fiduciary indebtedness, contingent liabilities, penal condition) are considered. Finally, the general reasons that terminate the debt, the statute of limitations, the transfer of receivables and the processes of assuming the debt are processed in the context of concrete legal problem solutions and practical applications.
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Course Methods and Techniques
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The course is conducted through lectures, Q&A sessions, case studies, and the analysis of court decisions. In practical exercises, students assess damages and the appropriate causal link in case studies involving torts, and distinguish between liability based on fault and strict liability. In disputes regarding the performance of obligations, they compare the conditions for default by the creditor and the debtor, and justify which rights the parties may exercise in a specific case based on relevant statutory provisions and current court decisions.
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Prerequisites and co-requisities
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None
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Course Coordinator
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None
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Name of Lecturers
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Prof.Dr. Murat AYDOĞDU
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Assistants
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None
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Work Placement(s)
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No
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Recommended or Required Reading
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Resources
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Murat Aydoğdu/Serdar Nart; Borçlar Hukuku Genel Hükümler, 2.baskı, Adalet Yayınevi,2024. Prof. Dr. Fikret Eren; Borçlar Hukuku Genel Hükümler, 30. Baskı, Legem Yayıncılık, 2025.
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Course Notes
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The lecture notes are presented in conjunction with the relevant provisions of the Turkish Code of Obligations No. 6098. The notes cover the elements and consequences of a tort, liability based on fault, cases of strict liability—including liability based on risk—and obligations arising from unjust enrichment. Regarding performance, the lecture notes examine the parties to performance, the place, time, and order of performance, monetary obligations and interest, breach of contract, agreements excluding liability, and default by the creditor and debtor. Among the causes terminating an obligation, the notes focus on discharge, renewal, merger, impossibility without fault, and set-off. The legal consequences of the statute of limitations are also addressed. The notes also cover joint and several liability, conditional obligations, penalty clauses, assignment of claims, and assumption of debt.
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Course Category
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Social Sciences
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%100
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Field
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%100
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