Law
Bachelor	TR-NQF-HE: Level 6	QF-EHEA: First Cycle	EQF-LLL: Level 6

General course introduction information

Course Code:

HUK441

Course Name:

International Private Law

Course Semester:

Fall

Course Credits:

Theoretical	Practical	Credit	ECTS
6	0	6	8

Language of instruction:

Course Requisites:

Does the Course Require Work Experience?:

Type of course:

Compulsory

Course Level:

Bachelor

TR-NQF-HE:6. Master`s Degree

QF-EHEA:First Cycle

EQF-LLL:6. Master`s Degree

Mode of Delivery:

Face to face

Course Coordinator :

Prof. Dr. BAHAR CEYDA SÜRAL EFEÇINAR

Course Lecturer(s):

Course Assistants:

Course Objective and Content

Course Objectives:

This course will provide a detailed information on the Turkish Private International Law by dis-tinguishing other methods of private international law from the conflict of laws method; explain-ing the application of conflict of laws method to different private law relations, identifying and discussing Turkish conflict of laws rules and determining the applicable law to different private law issues.

Course Content:

• To provide a detailed information on the Turkish Private International Law;
• To distinguish other methods of private international law from the conflict of laws method;
• To explain the application of conflict of laws method to different private law relations;
• To identify and discuss Turkish conflict of laws rules;
• To determine applicable law to different private law issues;

Learning Outcomes

The students who have succeeded in this course;

Learning Outcomes

1 - Knowledge
Theoretical - Conceptual
1) • To provide a detailed information on the Turkish Private International Law; • To distinguish other methods of private international law from the conflict of laws method; • To explain the application of conflict of laws method to different private law relations; • To identify and discuss Turkish conflict of laws rules; • To determine applicable law to different private law issues;
2 - Skills
Cognitive - Practical
3 - Competences
Communication and Social Competence
Learning Competence
Field Specific Competence
Competence to Work Independently and Take Responsibility

Lesson Plan

Week	Subject	Related Preparation
1)	Introduce the notion of foreign element Present different methods or private international law for the determination of the rules applicable to private law relations bearing a foreign element	Reading textbook
2)	• Describe conflict of laws rules • Present particularities of conflict of laws rules • Introduce Turkish Private International Law Act (PILA) • Present the scope of the PILA • Explain the application of foreign law	Reading textbook
3)	• Present the notion of public policy • Explain the application of this notion • Discuss how the public policy exception works • Introduce overriding mandatory rules	Reading textbook.
4)	• Determine the law applicable to the formal validity of the judicial acts • Explain the validity and evidentiary power of official documents issued abroad • Determine the law applicable to the time bar	Reading textbook
5)	• Determine the law applicable to personal capacity • Describe and present conflict mobile • Determine the law applicable as to persons having multiple nationality and stateless persons • Conflict mobile • Law applicable to personal capacity • Law applicable to persons having multiple nationality and to stateless persons	Reading textbook
6)	• Determine the law applicable to situations restricting the capacity • Determine the law applicable to disappearance and declaration of pre-sumed death • Determine the law applicable to engagement	Reading Textbook
7)	• Determine the law applicable to capacity and conditions for marriage • Analyse the formal validity of the marriage • Determine the law applicable to general provisions of the marriage	Reading Textbook
8)	• Determine the law applicable to divorce • Analyse the guardianship, alimony and measures in divorce and determine applicable law to these relations. • Determine the law applicable to matrimonial regimes	Reading Textbook
9)	• Examine the provisions concerning child abduction • Analyse the establishment of paternity • Discuss the conflict of laws rules for adoption	Reading Textbook
10)	• Determine the law applicable to alimony • Analyse private international law for inheritance • Discuss conflict of laws rules as to title of inheritance, determination of pourparty, validity of testaments	Reading textbook.
11)	• Determine the law applicable to property rights • Analyse the real rights on transportation means • Determine the applicable regime for IP rights	Reading Textbook
12)	• Determine the law applicable to international commercial contracts • Discuss the objective rule • Elaborate choice of law	Reading Textbook.
13)	• Treat conflict of laws rules for special contracts such as consumer con-tracts, labor contracts, transportation contracts, contracts concerning im-movable property	Reading textbook
14)	Introduce the notion of international jurisdiction Present Turkish system of international jurisdiction Determine jurisdictional rules under Turkish Civil Procedural Law	Reading Textbook
15)	• Determine the law applicable to torts • Examine the responsibility of the manufacturer • Determine law applicable to unfair competition • Determine law applicable to protection of competition • Determine law applicable to the protection of personality rights	Reading Textbook
16)	• Determine courts' jurisdiction in cases treating personality issues of Turkish citizens • Determine courts' jurisdiction in cases treating some personality issues of foreigners • Explain the jurisdictional rules in inheritance claims	Reading Textbook
17)	• Determine courts' jurisdiction in disputes concerning labour, consumer and insurance contracts • Describe and explain jurisdictional agreements	textbook
18)	• Analyse the duty of foreigners to provide bail (cautio adjudicatum solvi) • Examine jurisdictional immunity of states and exceptions • law applicable to the formal validity of the judicial acts • Explain the validity and evidentiary power of official documents issued abroad • Determine the law applicable to the time bar	Textbook
19)	• Analyse the notions of recognition and enforcement of foreign judgments • Discuss procedural issues in enforcement proceedings • Determine the court having jurisdiction to hear the enforcement proceed-ing • Describe elements that should exist in an application for enforcement proceedings	textbook
20)	• Examine the conditions of enforcement • Elaborate reciprocity, jurisdiction of foreign courts, incompatibility with public policy, violation of due process rights •	textbook
21)	• Discuss the outcome of an enforcement proceeding and the consequences of a court decision • Analyse provisions specific to recognition•	textbook
22)	• Introduce the notion of arbitration • Analyse and distinguish the scope of domestic and international arbitration	textbook
23)	• Examine Turkish International Arbitration Act • Discuss the validity of an arbitration agreement • Present effects of a valid arbitration agreement	textbook
24)	• Analyse arbitration proceedings • Examine the constitution of an arbitral tribunal, language of the proceed-ing, the length of arbitral procedure • Discuss the role of term of reference	textbook
25)	• Determine the law applicable to the merits of the dispute • Examine the finalisation of an arbitration proceeding	textbook
26)	• Determine the remedies against arbitral awards • Explain annulment proceedings • Discuss annulment grounds • Elaborate choice of law	textbook
27)	• Introduce the notion of foreign arbitral award • Present the effects of foreign arbitral awards in Turkey • Determine the scope of application of the New York Convention and the provisions under Turkish PILA	textbook
28)	• Determine the conditions of recognition and enforcement under the New York Convention and the Turkish PILA • Describe procedural provisions • Elaborate the effects of recognition/enforcement decisions	textbook

Sources

Course Notes / Textbooks:	• Ergin Nomer, Devletler Hususi Hukuku (22. Bası, 2017, Beta, İstanbul) • Aysel Çelikel, Milletlerarası Özel Hukuk (15. Bası, 2017, Beta, İstanbul) • Gülören Tekinalp, Milletlerarası Özel Hukuk (12. Bası, 2016, Vedat, İstanbul) • Cemal Şanlı, Milletlerarası Özel Hukuk (6. Bası, 2018, Vedat, İstanbul)
References:	Yok.

Course-Program Learning Outcome Relationship

Learning Outcomes	1
Program Outcomes
1) List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions.
2) Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources.
3) Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice.
4) Evaluates the knowledge and skills acquired in the field of law with a critical approach.
5) Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally.
6) Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework.

Course - Learning Outcome Relationship

No Effect	1 Lowest	2 Low	3 Average	4 High	5 Highest

	Program Outcomes	Level of Contribution
1)	List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions.	3
2)	Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources.	3
3)	Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice.	2
4)	Evaluates the knowledge and skills acquired in the field of law with a critical approach.	4
5)	Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally.	3
6)	Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework.	2

Learning Activity and Teaching Methods

Expression
Lesson
Reading
Q&A / Discussion
Case Study

Assessment & Grading Methods and Criteria

Written Exam (Open-ended questions, multiple choice, true-false, matching, fill in the blanks, sequencing)

Assessment & Grading

Semester Requirements	Number of Activities	Level of Contribution
Midterms	1	% 40
Final	1	% 60
total		% 100
PERCENTAGE OF SEMESTER WORK		% 40
PERCENTAGE OF FINAL WORK		% 60
total		% 100

Workload and ECTS Credit Grading

Activities	Number of Activities	Duration (Hours)	Workload
Course Hours	28	3	84
Midterms	1	0	0
Final	1	0	0
Total Workload			84