Course Credit
ECTS Credit
Course Type
Instructional Language
Programs that can take the course
This course focuses on the general provisions of the Law of Obligations, examining the fundamental concepts, sources, and legal consequences of obligatory relationships. The course covers key topics such as the concept of obligation, the elements of an obligatory relationship, contract formation, declarations of intent, contract interpretation, and grounds for invalidity. Additionally, particular emphasis is placed on defects of consent, unjust enrichment, simulation (sham transactions), representation, and unauthorized representation, aiming to reinforce students' theoretical knowledge of the Law of Obligations through practical applications.
Textbook and / or References
Ahmet M. KILIÇOĞLU: Borçlar Hukuku Genel Hükümler, Ankara 2021.
Fikret EREN: Borçlar Hukuku Genel Hükümler, Ankara 2022.
Kemal OĞUZMAN/Turgut ÖZ: Borçlar Hukuku Genel Hükümler, Cilt I, İstanbul 2021, Cilt II, İstanbul 2021.
Necip KOCAYUSUFPAŞAOĞLU/Hüseyin HATEMİ/Rona SEROZAN/Abdülkadir ARPACI: Borçlar
Hukuku Genel Bölüm, C. III İfa, İfa Engelleri, Haksız Zenginleşme, İstanbul 2016.
Pierre TERCIER/Pascal PICHONNAZ/H. Murat DEVELİOĞLU: Borçlar Hukuku Genel Hükümler,
İstanbul 2020.
Andreas FURRER/Markus MULLER-CHEN/Bilgehan ÇETİNER: Borçlar Hukuku Genel Hükümler,
İstanbul 2022.
Mustafa Alper GÜMÜŞ: Borçlar Hukukunun Genel Hükümleri, Ankara 2021.
Selahattin Sulhi TEKİNAY/Sermet AKMAN/Haluk BURCUOĞLU/Atilla ALTOP: Tekinay Borçlar
Hukuku, İstanbul 1993.
Aytekin ATAAY: Borçlar Hukukunun Genel Teorisi, Birinci Yarım, İstanbul 1981.
Sefa REİSOĞLU: Borçlar Hukuku Genel Hükümler, İstanbul 2014.
Hüseyin HATEMİ/Emre GÖKYAYLA: Borçlar Hukuku Genel Bölüm, İstanbul 2021.
This course aims to teach the fundamental elements of obligatory relationships, the sources of obligations, and the general principles of contract law. It seeks to ensure that students comprehend the concepts of obligation and liability, understand the rights and duties imposed on the parties to an obligatory relationship, and develop proficiency in contract formation, interpretation, and validity. Additionally, the course aims to provide students with knowledge of legal transaction theory, enabling them to analyze legal institutions such as defects of consent, unjust enrichment, simulation (sham transactions), and representation. By engaging with these concepts, students are expected to apply their theoretical knowledge to practical cases and develop legal reasoning skills.
1. Explains the fundamental concepts of the law of obligations, the elements of an obligatory relationship, and the sources of obligations.
2. Analyzes legal transaction theory and the validity requirements of legal transactions.
3. Evaluates the formation, interpretation, and validity conditions of contracts.
4. Examines grounds for invalidity, including defects of consent (mistake, fraud, duress), simulation (sham transactions), and unjust enrichment.
5. Discusses the principle of freedom of contract and its limitations within a legal framework.
6. Explains the concept of representation in obligatory relationships and the legal consequences of unauthorized representation.
7. Analyzes legal disputes related to the law of obligations through case studies and develops solutions.
Week 1: The Subject and Historical Foundations of the Law of Obligations, Fundamental Principles Governing the Law of Obligations, Obligation and Obligatory Relationship, Legal Heirs
Week 2: The Subject of Obligation and Obligatory Relationship, Performance (Edim), Sources of Obligations, Concepts of Credit and Claim, Obligation and Liability, Imperfect Obligations
Week 3: Legal Transactions, Declarations of Intent, and Interpretation of Declarations of Intent
Week 4: Formation of Contracts and Standard Contractual Terms
Week 5: Public Promises of Reward and Formal Requirements in Contracts
Week 6: Interpretation and Completion of Contracts, Defects of Consent, and Unjust Enrichment
Week 7: Simulation (Sham Transactions), Fiduciary Transactions, and Nominee Agreements
Week 8: Mistake (Error) and First Practical Application
Week 9: Fraud (Deception) and Duress (Threat, Coercion)
Week 10: Unjust Enrichment (Gabin), Freedom of Contract, and Its Limitations
Week 11: Partial Invalidity, Conversion, and Establishment of Representation
Week 12: Legal Effects and Consequences of Representation, Unauthorized RepresentationWeek 12: Legal Effects and Consequences of Representation, Unauthorized Representation
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