Faculty of Law · Law · Undergraduate
Course Objective
This course deals with the enforcement by the State of court orders and as with the forcing of payments of debts. Enforcement is divided into two categories; namely partial enforcement and total enforcement (or bankruptcy). It's also aimed to clarified that, the ways of enforcement proceedings which the creditors will be able to refer.Within this scope, the steps of the enforcement proceedings with or without judgment, bankruptcy, action for annulment and concordatum will be instructed.
Course Content
Following topics will be covered during this course: Sources of enforcement law, bankruptcy instutions, enforcement fees, parties of debt enforcement process, debt enforcement without verdict, levy, initiation of enforcement, preliminary documents and fees, parties, objection to enforcement, nullification of objection, levy process, order to pay and cancelliation, enforcement of bonds, encashment and sharing, evacuation of property, enforcement with verdict, cautionary levy, law of bankrupt, composition order, restructuring via conciliation, enforcement crimes.
Required Resources
Baki Kuru, İcra İflas Hukuku Ders Kitabı, 2020
Recommended Resources
Hakan Pekcanıtez, Oğuz Atalay, Meral Sungurtekin, Muhammet Özekes, İcra İflas Hukuku Ders Kitabı, 2020
Course Learning Outcomes
- The students who succeeded in this course; Will be able to learn, how to practice the enforcement proceedings legally.Will be able to learn how to practice bankruptcy law, and will be able to choose the most effective proceeding of bankrupty.
- Know the ways of foreclosures in Enforcement and Bankruptcy Law
- Learns appeals and ways of litigation against foreclosures
- Learns how to end the foreclosure.
Core Area Distribution
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 3 | 48 |
| Out of Class Study Period | 16 | 4 | 64 |
| Midterm | 1 | 1 | 1 |
| Quiz | 0 | 0 | 0 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 2 | 2 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Introduction / Orientation and General provisions | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 2 | Enforcement Proceedings without Judgment and General Distraint Proceeding | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 3 | Order of Payment and Action for Annulment Removal of the Objection, Action for Restitution | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 4 | Action for Restitution,lawsuit for the establishment of a negative fact | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 5 | Liquidation and distribution of Money The Termination of Tender for the allocation of money, The Debt's Document for the incapability of payment | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 6 | Attachment ,Process for distraint | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 7 | Action for recovery of property | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 8 | Ara Sınav | Ara Sınav |
| 9 | payment in installments | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 10 | The Termination of Tender for | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 11 | The Debt's Document for the incapability of payment allocation of money, | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 12 | Distraint proceedins specific to bill of exchanges | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 13 | Conservatory attachment | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 14 | A writ of execution and insolvencyproceedings Enforcement Proceeding pertaining to a Judgment | The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL. |
| 15 | Revision with case studies | Students are expected to prepare case studies which shall be distrubuted to them a week before the session. They are also require to attend with the Enforcement and Bankruptcy Law (the "EBL"). |
| 16 | Final Sınavı | Final Sınavı |