HUK302

School of Law \ Law

3

6

Compulsory

Turkish

-

Law Undergraduate Program

Sales, donation, lease, work, proxy and surety contracts regulated under the special debt relations section of the Turkish Code of Obligations are examined. In this context, the characteristics of impediments to performance such as creditor default, debtor default, impossibility of subsequent performance, failure to perform as required and excessive difficulty of performance in each contract are discussed. No-name contracts and the provisions applicable to no-name contracts are analyzed.

1. EREN, Fikret: Special Provisions of the Law of Obligations.
2.GÜMÜŞ, M. Alper: Special Provisions of the Law of Obligations.
3.KILIÇOĞLU, M. Ahmet: Special Provisions of the Law of Obligations.
4.SEROZAN/Rona: Special Section of the Law of Obligations.
5.ARAL, Fahrettin/AYRANCI, Hasan: Special Provisions of the Law of Obligations.
6.ARAL, Fahrettin / OZANOĞLU, Hasan Seçkin / ÜNAL, Mehmet / BAŞPINAR, Veysel: Practical Studies in Civil Law.
7.ZEVKLİLER, Aydın: Practical Studies in Civil Law.

The aim of this course is mainly to enable the students to learn the theory of no-name contracts, the types of no-name contracts in this context, the provisions to be applied to no-name contracts, and to master the basic characteristics of the contracts of sale, donation, lease, work, proxy, surety contracts regulated in the law. For each contract, it is aimed to learn the impediments to performance such as creditor default, debtor default, impossibility of subsequent performance, failure to perform as required and excessive difficulty of performance, so that the students will see and understand how the issues of impediments to performance, which they have general knowledge of, are applied in the special provisions of the law of obligations.

1. Has a command of the types of contracts regulated by the law, the meaning and types of atypical ( no name) contracts.
2. Has the ability to find the legal rules applicable to atypical contracts by researching the relevant judicial decisions.
3. Interpret atypical contracts, determine which provisions will be applied in the performance obstacles that may be encountered in these contracts.
4. Has knowledge about the sales contract, its establishment and the obligations of the seller. Evaluate whether the seller will be liable for eviction or defect in a concrete case and solve problems.
5. Have knowledge about the types of sales such as sale of immovable property, sale by installments, sale by auction.
6. Understands the characteristics of the contract of work and a special type of construction contract. Recognizes the problems encountered in practice, becomes aware of the rights and obligations of the contracting parties. Follows current decisions.
7. Understands the lease contract, the problems encountered in practice and current decisions, can produce solutions for related problems and make comments.
8. Have comprehensive knowledge about the suretyship contract; recognizes its features, types and obligations of the surety.
9. Has a command of the contract of proxy, its characteristics, and its differences from other performance contracts.
10. Has the ability to work individually and as a team member in the face of problems related to contracts with the application studies carried out within the scope of the course.

Week 1: Introduction to Special Debt Relations in the Law of Obligations, General Information, Relationship Between General and Special Provisions, Debt Relationship, Legal Transaction, and Contract
Week 2: Contract Types Regulated by Law, Atypical (No-name) Contracts and Their Types; Complex Contracts, Combined Contracts, and Contracts with Unique Structures
Week 3: Legal Rules Applicable to Atypical Contracts, Examples of Atypical Contracts
Week 4: Sales Contract; General Information, Establishment of the Contract, Form of the Contract, Subject of the Contract, Obligations of the Seller
Week 5: Week 5 Liability for Eviction, Liability for Defect
Week 6: Types of Sales Contracts; Sale of Immovable Property, Installment Sales, Sales by Auction
Week 7: Works Contract, Characteristics, Obligations of the Contractor, Consequences of the Contractor's Failure to Comply with its Obligations
Week 8: Lease Contract, Its Characteristics, Types, Obligations of the Lessor, Consequences of the Lessor’s Failure to Fulfill Obligations
Week 9: Lease Contract, Its Characteristics, Types, Obligations of the Lessor, Consequences of the Lessor’s Failure to Fulfill Obligations
Week 10: Surety Contract, Characteristics, Types, Obligations of the Surety
Week 11: Consequences of the Surety’s Failure to Fulfill Obligations, Termination of the Contract
Week 12: Implementation of Contracts