HUK104

Civil Law II

Faculty \ Department
School of Law \ Law
Course Credit
ECTS Credit
Course Type
Instructional Language
4
8
Compulsory
Turkish
Prerequisites
-
Programs that can take the course
Bachelor of Law
Course Description
In the course, relationships arising from family law (engagement, marriage) and the characteristics of family law, as well as the types of property regime in marriage, kinship (by blood or adoption) and guardianship concepts are discussed.
Textbook and / or References
1. CHK - Handkommentar zum Schweizer Privatrecht.
2. ZK - Zürcher Kommentar.
3. Mustafa DURAL/Tufan ÖĞÜZ/Mustafa Alper GÜMÜŞ: Türk Özel Hukuku Cilt III, Aile Hukuku.
4. Bilge ÖZTAN: Aile Hukuku.
5. Aydın ZEVKLİLER/BeşirACABEY/Emre GÖKYAYLA: Medeni Hukuk (Giriş, Başlangıç Hükümleri, Kişiler Hukuku, Aile Hukuku).
6. Ahmet M. KILIÇOĞLU: Aile Hukuku.
7.Hüseyin HATEMİ/Burcu KALKAN OĞUZTÜRK: Aile Hukuku I (Evlilik Hukuku).
Course Objectives
The aim of the Civil Law II course is mainly to enable students to learn the concept of family, the concepts of engagement and marriage and their legal nature, validity conditions and termination. Thus, it is envisaged that students will be able to determine the legal rules applicable to engagement and marriage. In addition, it is aimed that the students will be able to distinguish the types of property regime in the marriage union. Finally, it is aimed that the student will have knowledge about the concept of paternity, ways of establishing paternity, provisions of paternity and guardianship.
Course Outcomes
1. Has a command of the process of the establishment of the family, the place of the family in social life and the resolution of disputes related to family law before the family court. Has the ability to follow current judicial decisions on family law.
2. Has knowledge about engagement, its legal nature, validity conditions and its termination. Distinguishes the consequences of the termination of the engagement.
3. Has knowledge of the conditions required for the realization of marriage, the absence and nullity of marriage, and the provisions and consequences attached to marriage.
4. Has knowledge about death, absence and divorce which are the reasons for the termination of marriage. Have knowledge about the legal consequences of divorce for spouses and children.
5. Distinguishes the property regimes in the marriage union. Dominates the provisions and consequences of the regime of participation in acquired property as a legal property regime.
6. Has knowledge about the ways of establishing paternity and the provisions of paternity.
7. Defines the concept of guardianship. Has knowledge about the situations that cause guardianship. Dominates the responsibility of guardianship bodies.
8. Has the ability to work individually and as a team member in the face of problems related to family law with the application studies carried out within the scope of the course.
Tentative Course Plan
Week 1: The way civil law regulates family law, characteristics of family law, characteristics of family law relations and family law rights, family court.
Week 2: Engagement, provisions of engagement, termination of engagement.
Week 3: The legal nature of marriage, the conditions for the realization of marriage.
Week 4: Nullity of marriage, general provisions of marriage.
Week 5: Termination of marriage (death and absence, divorce, reasons for divorce).
Week 6: Property regimes in the marriage union, general provisions of the law of property regime.
Week 7: The regime of participation in acquired property as a legal property regime.
Week 8: Optional property regimes.
Week 9: Kinship, ways of establishing paternity (establishment of paternity based on blood ties, establishment of paternity through adoption).
Week 10: Provisions of paternity (provisions of paternity not dependent on the right of custody, provisions of paternity dependent on the right of custody).
Week 11: Family community, alimony, household organization.
Week 12: Guardianship, guardianship in the narrow sense, restriction of freedom for protection, trusteeship and legal counseling, responsibility of guardianship bodies.
Tentative Assesment Methods
• Midterm % 40
• Final % 60
Program Outcome *
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