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 |