Faculty of Law · Law · Undergraduate
Course Objective
This Course aims at exploring both for commonalities and discords across the overall field of the private international law making more transparent and evident the cross-linguistic correspondences of the major notions used for defining and regulating private international relations. The latter among others comprise conceptual discrepancies available in different jurisdictions which may prompt complex legal rationale for justifiable legal decision-making. Enhancing critical reviewing of nation-specific legal concepts used globally in legal communication abundant in private international law-related technicalities constitute the core learning objective. Private international relations can be attributed to one of the most challenging legal fields in as much as they require legal scholars and legal practitioners to be knowledgeable and expertly alert. This follows from the nature of this field which is multidisciplinary within the legal profession and the concepts generated, used, reviewed, and applied in this field are highly technical and sophisticated. The Course is underlying significant components of analytical thinking making it instrumental for expanding knowledge needed for studying other legal courses, such as: international banking and investment law, international commercial arbitration, international civil procedure, and the EU contract law.
Course Content
The purpose of this course is to provide to students a detailled knowledge of the general perpective of private international law and the conflict of law rules in the scope of Turkish Private International and Procedural Law and the international conventions ratified by Turkey. Particular attention is given to Turkish courts judgements and doctrine.
Required Resources
Milletlerarası Özel Hukuk Prof. Dr. Cemal Şanlı, Prof. Dr. Emre ESEN, Doç. Dr. İnci Ataman-Figanmeşe Beta Basım Yayın
Recommended Resources
Devletler Hususi Hukuku Prof. Dr. Ergin Nomer
Course Learning Outcomes
- Kanunlar ihtilâfı hukukunun genel problemleri ile yabancı unsurlu uyuşmazlıkların çözümünde uygulanacak hukukun tayini ve uygulanmasına ilişkin kurallar bilinir ve buna ilişkin pratik sorunlar çözülebilir.
- Yabancı unsurlu uyuşmazlıklarda Türk mahkemelerinin milletlerarası yetkisinin tayinine ilişkin kurallar bilinir ve buna ilişkin pratik sorunlar çözülebilir.
- Yabancı mahkeme kararlarının Türkiye’de tanınması ve tenfizine ilişkin kurallar bilinir ve buna ilişkin pratik sorunlar çözülebilir
- The students who succeeded in this course will learn basic concepts of private international law which possess ascending importance in our global world.
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 | 3 | 48 |
| 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 | General Introduction to Private International Law Scope, Purpose, Sources – Relation with other branches of law – Structure of conflict of law rules – Elements of conflict of law rules - Sort of conflict of law rules | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 2 | Law Applicable to Form of Legal Transactions and Usage of Official Documents in Turkey Law applicable to form of legal transactions (MÖHUK art. 8) - Usage of official documents in Turkey | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 3 | Conflict of law rules regarding persons (MÖHUK art. 9-11) – Law applicable to guardianship, placement under a commitee, curatorship, declaration of absence or presumption of dead (MÖHUK art. 10-11) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 4 | Introduction to international family law Betrothal (MÖHUK art. 12) Marriage (MÖHUK art. 13) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 5 | Divorce and separation in international family law Law applicable to divorce and separation (MÖHUK art.14) Law applicable to matrimonial property (MÖHUK art. 15) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 6 | Descent, custody, adoption in international family law (MÖHUK art. 16-17-18) Law applicable to establishment of descent Law applicable to custody Law applicable to adoption | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 7 | Maintenance in international family law determination of law applicable to maintenance – Internatponal conventions concerning maintenance – Maintenance debt’s collection | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 8 | Ara Sınav | Ara Sınav |
| 9 | General Principles of Private International Law Characterization – Preliminary questions – renvoi – public policy – mandatory rules - applicability of foreign law | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 10 | Conflict of law rules regarding law of property and law of succession Law applicable to inheritance International conventions regarding inheritance - Law applicable to real rights - Law applicable to means of transportation (MÖHUK art. 20-22) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 11 | Determination of applicable law to rights on intellectual property and obligations arising from contracts Law applicable to rights on intellectaul property - Basics regarding law applicaple to obligations arising from contracts (MÖHUK art. 23-24) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 12 | Matters regarding law applicaple to obligations arising from contracts Overriding mandatory rules -Existence and validity of the relationship arising from contract - Manner of performance and measures (MÖHUK art. 31-33) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 13 | Law applicaple to special contracts Contracts relating to immovable property – Law applicaple to consumer contracts – Law applicaple to employment contracts (MÖHUK art. 25-27) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 14 | Law applicaple to special contracts -II Law applicaple to contracts relating intellectual property rights – Law applicaple to contracts relating carriage of goods - Law applicaple to agency (MÖHUK m. 28-30) | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 15 | General Review | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 16 | Final Sınavı | Final Sınavı |