HUK202

School of Law \ Law

3

6

Compulsory

Turkish

-

Law Bachelor Programm

This course examines torts, unjust enrichment and unauthorized business transactions, which are the sources of obligations. Within the scope of the course, the basic principles of liability law, fault and strict liability, especially the elements that give rise to liability such as damage, causal link, illegality and fault, and the calculation of compensation are discussed. Joint and several liability and statute of limitations are also included. On the other hand, the conditions of establishment of debts arising from unjust enrichment and debts arising from unauthorized work and their differences from other debt relations are examined. In the course, theoretical knowledge is supported by application studies and students' ability to produce solutions to practical legal problems is developed.

1- Eren, Fikret: Borçlar Hukuku Genel Hükümler, Yetkin yayıncılık, Ankara 2024.
2- Furrer, Andreas/ Müller -Chen, Markus/ Çetiner, Bilgehan: Borçlar Hukuku, Genel Hükümler, onikilevha, İstanbul, 2022.
3- Oğuzman, Kemal/ Öz, Turgut: Borçlar Hukuku Genel Hükümler, Cilt 2, İstanbul Vedat Kitapçılık 2023, 16. Ed.
4- Gümüş, Mustafa Alper: Borçlar Hukukunun Genel Hükümleri, Ankara, 2021.
5- Tandoğan, Haluk: Türk Mes’uliyet Hukuku, İstanbul 2010.
6- Tandoğan, Haluk: Kusura Dayanmayan Sözleşme Dışı Sorumluluk Hukuku, Ankara 1981.
7- Tekinay/Akman/Burcuoğlu/ Altop: Tekinay Borçlar Hukuku Genel Hükümler, 7. Ed., İstanbul 1993.
8- Antalya, Osman Gökhan: Borçlar Hukuku Genel Hükümler, C: V/1,2, Seçkin yayıncılık, Ankara, Ekim 2019.
9- Serozan, Rona: Borçlar Hukuku, Genel Bölüm: İfa, İfa Engelleri, Haksız Zenginleşme, İstanbul 2014.

Learning the basic principles, concepts and elements of the course. In addition, determining whether the concrete dispute falls within the scope of the liability and debt types that fall within the scope of the course; determining whether the conditions sought are met and knowing and applying the regulations that need to be applied. Learning the basic principles, concepts and elements of the course. In addition, determining whether the concrete dispute falls within the scope of the course, which liability or obligation is the subject of the liability and debt types; determining whether the conditions are met and knowing and applying the regulations that should be applied.

1. Has a good command of tort liability and the obligations arising from tortious acts in the law of obligations and distinguishes this liability from other types of liability.
2. Is aware of the fact that tort liability is a liability against everyone and therefore is subject to more severe conditions than contract liability.
3. Determines that the elements of damage, fault, illegality are sought for tort liability and that there must be an appropriate causal link between the behavior and the damage.
4. Has a command of the theories of damage, illegality, fault and causal link and their historical and philosophical background. He/she is aware that these concepts are general concepts and that their content is completed with the creation of law by the judge.
5. Can calculate the material damage caused by the tort. If there is a judge, he/she can write a letter to the expert for the calculation of the damage and can check the incoming data.
6. Understands that all kinds of liability norms restrict the freedom of behavior, that fault and illegality are sought for the transfer of the damage from the injured to the harmed, and makes inferences that perfect liability should be specifically regulated in the law.
7. Has a command of the types of strict liability specially regulated in the law.
8. Has a command of the concept of joint and several liability; determines who is jointly and severally liable; has a command of the results of the internal and external relationship and the recourse relationship.
9. Distinguishes in which cases an unjust enrichment lawsuit can be filed and in which cases it cannot be filed.
10. In which cases it can make a claim according to the acting without authority, which of these is real and which is unreal acting without authority.
11. Interpret the concepts and regulations related to tort, unjust enrichment, unjust enrichment, unauthorized business transactions according to the principles of legal methodology, and comprehend in which cases the judge fills the gaps explicitly or implicitly.
12. Has the ability to report at a basic level by using the information obtained as a result of his/her researches during the homework.
13. Has the ability to work both individually and as a team member in the face of complex legal problems; to manage and plan projects and similar activities.
14. To be able to work both individually and as a team member in the face of complex legal problems; to be able to manage and plan projects and similar activities.

Week 1: Fundamentals of Liability Law, Types of Liability, Concept of Tort, Damage
Week 2 Types of damages, calculation of damages and calculation of compensation in general
Week 3 The causal link
Week 4: Contrariety to Law , 1. Application Study
Week 5 Fault, ordinary cause liability,
Week 6 Ordinary cause liability, Strict Liability
Week 7: Liability of Motor Vehicle Operator Regulated under the KTK
Week 8: Joint and several liability, 2. Application Study
Week 9: Statute of Limitations
Week 10: Unjust Enrichment.
Week 11: Unjust Enrichment
Week 12: Acting without authority (negotiorum gestio) 3. Application Study

• Homework % 40
• Final % 60