HUK301

School of Law \ Law

3

6

Compulsory

Turkish

Yok

Law

This course examines the concept and elements of performance, followed by an in-depth analysis of obstacles to performance. In this context, particular emphasis is placed on defective performance, creditor and debtor default, impossibility, and the violation of protective and ancillary obligations. Additionally, the course covers the effects of obligations on third parties, special cases in contractual relationships, and changes in the parties involved in an obligation.

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.

The objective of this course is to provide students with a comprehensive understanding of the concept and elements of performance, obstacles to performance, the consequences of non-performance, the limitation and expansion of debtor liability, the effects of obligations on third parties, special cases in contractual relationships, changes in the creditor and debtor parties, and the termination of obligations, including prescription periods.

1. Explains the concept, legal nature, and elements of performance; analyzes the conditions required for proper performance.
2. Evaluates the default of the creditor and debtor, its legal consequences, and its impact on the performance process of an obligation.
3. Explains obstacles to performance, such as impossibility, defective performance, excessive difficulty in performance, and the violation of ancillary obligations, and examines their legal consequences.
4. Analyzes the legal remedies and sanctions applicable in cases of non-performance and proposes legal solutions.
5. Evaluates changes in parties to contractual obligations and the effects of obligations on third parties, providing practical examples.
6. Analyzes the termination of obligations and the legal implications of prescription periods.
7. Examines recent judicial decisions related to obstacles to performance within the framework of Turkish Law of Obligations and develops practical legal interpretations.
8. Develops the ability to work individually and collaboratively on civil law-related legal issues through practical exercises conducted within the course.

Week 1: The Concept of Performance and Its Legal Nature
Week 2: The Role of the Debtor and Creditor in Performance
Week 3: Subject Matter of Performance
Week 4: Place, Time, and Proof of Performance
Week 5: Creditor’s Default and Impossibility
Week 6: Debtor’s Default
Week 7: Improper Performance and Excessive Difficulty in Performance
Week 8: Consequences of Non-Performance of Obligations
Week 9: Limitation and Expansion of Debtor's Liability
Week 10: Effects of Obligations on Third Parties and Special Cases in Contractual Relationships
Week 11: Changes in the Creditor and Debtor Party
Week 12: Termination of Obligations and Prescription Periods

• Midterm 20 %
• Practical Exercise 20 %
• Final 60 %