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Language of Instruction
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Turkish
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Level of Course Unit
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Associate Degree
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Department / Program
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Court Office Services
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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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The aim of the Enforcement and Bankruptcy Law course is to teach the legal rules that enable creditors to enforce their rights against debtors who fail to fulfil their obligations through the compulsory enforcement authorities of the state. Within this scope, the course aims to enable students to learn the fundamental concepts, principles, and sources of enforcement and bankruptcy law; understand enforcement proceedings with and without a judgment; comprehend and apply enforcement procedures concerning the debtor’s assets, such as attachment, bankruptcy, and concordat; interpret the formal and procedural characteristics, time limits, and procedures of enforcement law; analyze enforcement and bankruptcy proceedings encountered in practice within their legal framework; and evaluate compulsory enforcement mechanisms within the framework of the balance between creditors and debtors and the principle of a fair trial.
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Course Content
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The course covers the sources of enforcement law, the enforcement organization, complaints, enforcement fees and expenses, parties to enforcement proceedings, enforcement without a judgment, general attachment proceedings, commencement of enforcement proceedings, requests for enforcement, payment orders and their finalization, objections to payment orders, actions for the annulment of objections and removal of objections, the attachment stage, realization of assets, distribution of proceeds, enforcement through attachment specific to negotiable instruments, eviction from leased immovable property, enforcement based on a judgment, enforcement through the realization of pledged assets, and provisional attachment. These topics are followed by bankruptcy law, concordat, restructuring of capital companies and cooperatives through reconciliation, avoidance actions, and the general principles of enforcement offences.
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Course Methods and Techniques
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Teaching methods include lectures, question-and-answer sessions, discussions, practical exercises, and design techniques.
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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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Instructor MERVE POLAT
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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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Pekcan-Atalay-Özekes, İcra İflas Hukuku Temel Bilgiler, On İki Levha Yayıncılık, 2021.
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