HUK442 Law of BankruptcyIstanbul Okan UniversityDegree Programs LawGeneral Information For StudentsDiploma SupplementErasmus Policy StatementNational Qualifications
Law
Bachelor TR-NQF-HE: Level 6 QF-EHEA: First Cycle EQF-LLL: Level 6

General course introduction information

Course Code: HUK442
Course Name: Law of Bankruptcy
Course Semester: Fall
Course Credits:
Theoretical Practical Credit ECTS
8 0 8 8
Language of instruction: TR
Course Requisites:
Does the Course Require Work Experience?: No
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 : Dr.Öğr.Üyesi ÇİĞDEM YAZICI
Course Lecturer(s):
Course Assistants:

Course Objective and Content

Course Objectives: - To gain the ability to comprehend the meaning, purpose and principles of enforcement law,
-To gain the ability to understand the concepts of creditor and debtor in enforcement law,
-To inform the creditor who applied for enforcement to protect their rights,
-In accordance with the equality of arms principle, to gain the ability to evaluate the rights of the creditor and the debtor who applied for enforcement proceedings,
-To teach how to learn and apply enforcement proceeding with judgement and proceeding without judgement,
-Teaching to detect distrainable items and to apply impoundment,
-To teach how to convert money at the end of impoundment,
-To teach the creditor to reach his receivable at the end of the impoundment and to prevent the debtor from being excessive victim,
-To teach the determination of the duties of the executive bodies,
-To gain the ability to reveal the differences between enforcement law and bankruptcy law,
-To teach creditor and debtor concepts in terms of bankruptcy law,
-To teach bankruptcy types and the principles of each type,
-To teach the consequences of bankruptcy,
-To teach the concordatum and its types,
-To gain the ability to evaluate the quality and results of the concordatum,
-To teach the restructuring of capital companies through reconciliation,
-To teach what to do against the savings that prevent the creditor from getting what he receives.




Course Content: The general principles of enforcement proceeding with judgement and proceeding without judgement, and the rules in our law and the legal remedies that the creditor and the debtor can expect against the proceedings are taught.
In the second semester, private reconciliation and bankruptcy and concordat law are taught to reconstruct capital companies and cooperatives through reconciliation and to examine and use cases of annulment as a whole.

Learning Outcomes

The students who have succeeded in this course;
Learning Outcomes
1 - Knowledge
Theoretical - Conceptual
2 - Skills
Cognitive - Practical
3 - Competences
Communication and Social Competence
Learning Competence
Field Specific Competence
1) To gain the ability to comprehend the meaning, purpose and principles of enforcement law,
2) To gain the ability to understand the concepts of creditor and debtor in enforcement law.
3) To inform the creditor who applied for enforcement to protect their rights.
4) In accordance with the equality of arms principle, to gain the ability to evaluate the rights of the creditor and the debtor who applied for enforcement proceedings.
5) To teach how to learn and apply enforcement proceeding with judgement and proceeding without judgement.
6) Teaching to detect distrainable items and to apply impoundment.
7) To teach how to convert money at the end of impoundment.
8) To teach the creditor to reach his receivable at the end of the impoundment and to prevent the debtor from being excessive victim.
9) To teach the determination of the duties of the executive bodies.
10) To gain the ability to reveal the differences between enforcement law and bankruptcy law.
11) To teach creditor and debtor concepts in terms of bankruptcy law.
12) To teach bankruptcy types and the principles of each type.
13) To teach the consequences of bankruptcy.
14) To teach the concordatum and its types.
15) To gain the ability to evaluate the quality and results of the concordatum.
16) To teach the restructuring of capital companies through reconciliation.
17) To teach what to do against the savings that prevent the creditor from getting what he receives.
Competence to Work Independently and Take Responsibility

Lesson Plan

Week Subject Related Preparation
1) The historical development, concept and purpose of the law of enforcement are determined. Reading the topics of the next week from the book.
2) Parties in enforcement law are determined. Reading the topics of the next week from the book.
3) Forced execution types are explained to the student schematically. Reading the topics of the next week from the book.
4) The duties and powers of the enforcement bodies are determined. Reading the topics of the next week from the book.
5) Execution fees and expenses are determined. Reading the topics of the next week from the book.
6) Parties of enforcement proceedings are determined. Reading the topics of the next week from the book.
7) Where and in which place the enforcement proceedings will be made is determined. Reading the topics from the book next week.
8) The objection of the debtor's objection against the execution proceeding is explained. Reading the topics from the book next week.
9) The ways in which creditors want to dismiss the objection are explained. Reading the topics from the book next week.
10) The lawsuits for the determination of the borrower's non-indebtedness and the obligation to find the goods are explained. Reading the topics from the book next week.
11) Subsequent to the enforcement proceedings, the creditor's request for lien is explained. Reading the topics from the book next week.
12) As a result of foreclosure, it is explained that the creditor gets his receivable. Reading the topics from the book next week.
13) In case the execution proceeding issue is a foreign exchange bill, explanations about the execution proceeding type to be applied are made. Reading the topics from the book next week.
14) Depending on whether the seized goods are movable or immovable, the sales procedure is explained. Practical work
15) Midterm exam
16) Midterm exam
17) The sale of the foreclosed property is explained. Reading the topics from the book next week.
18) It is explained how the sale of the seized property will be according to whether it is movable or immovable. Reading the topics from the book next week.
19) How to allocate the money to be obtained as a result of the sale is explained schematically to the student. Reading the topics from the book next week.
20) Special types of execution proceeding are described. Sonraki hafta konularının kitaptan okunması.
21) The issue of whether the court order will be the subject of enforcement proceedings is discussed. Reading the topics from the book next week.
22) It is explained that the pledge is the subject of enforcement proceedings. Reading the topics from the book next week.
23) A temporary legal protection measure is announced, which guarantees the creditor's receivable before or after enforcement proceedings. Reading the topics from the book next week.
24) The subject and basic concepts of bankruptcy law, basic principles of bankruptcy law are determined and its purpose is determined. Reading the topics from the book next week.
25) Persons subject to bankruptcy are explained. Reading the topics from the book next week.
26) Bankruptcy of Capital Companies is explained. Reading the topics from the book next week.
27) Legal consequences of bankruptcy are taught. Reading the topics from the book next week.
28) The liquidation of bankruptcy, bankruptcy desk and bankruptcy administration institutions are explained. Reading the topics from the book next week.
29) General information about concordatum is explained. Concordatum types are explained to the student schematically. Reading the topics from the book next week.
30) It is explained that the savings made by the borrower, which prevents the creditor from getting his receivable, can be canceled. Practical work
31) Final exam
32) Final exam

Sources

Course Notes / Textbooks: -PEKCANITEZ, Hakan /SUNGURTEKİN-ÖZKAN, Meral/ ÖZEKES, Muhammed/ ATALAY, Oğuz: İcra-İflas Hukuku.
References: -Güncel İcra ve İflas Kanunu

Course-Program Learning Outcome Relationship

Learning Outcomes

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

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 28 112 3136
Midterms 1 2 2
Final 1 2 2
Total Workload 3140