HUK331

School of Law \ Law

2

4

Elective

Turkish

-

Law

This course provides a comprehensive overview of banking law, the legal framework governing financial institutions, and the regulatory mechanisms applicable to banking activities. It covers the historical development of banking law, credit agreements, banking contracts, banking secrecy, deposit protection, bank guarantees, and secured transactions. Additionally, the course examines the role of regulatory authorities, enforcement mechanisms, and legal remedies in banking disputes. The objective is to equip students with a solid understanding of banking law principles and their application in practice.

Kayıhan, Ş. Bankacılık Hukuku. Seçkin Publishing, 2023.
Hazar, A., Babuşcu, Ş. Banka Hukuku. Seçkin Publishing, 2024.
Kaya, İ. Bankacılık Hukukunda Müşteri Sırrını Saklama Yükümlülüğü. Seçkin Publishing, 2024.
Karakoç, E. Açık Bankacılık Uygulamalarının Hukuki İncelemesi. On İki Levha Publishing, 2024.
Çevik, K. Ekonomi Hukuku Yaklaşımı ile Banka Hukuku. Turhan Publishing, 2024.
Balcı, M. Bankacılıkta Uluslararası Ekonomik Yaptırımlar. Adalet Publishing, 2024.
Güney, A. Banka Hukuku. Beta Publishing, 2024.
Solmaz, M. Bankanın Mevduat Sözleşmesinden Doğan Hukuki Sorumluluğu. On İki Levha Publishing, 2024.

The aim of this course is to enable students to:
Understand the fundamental concepts and principles of banking law and its application within financial markets.
Analyze banking contracts and credit agreements in light of legal and regulatory frameworks.
Examine the rights and obligations of banks and customers under banking regulations.
Interpret key provisions of banking law regarding liability, guarantees, and banking secrecy.
Evaluate banking disputes and legal remedies within the scope of national and international regulations.

1. Explains the basic concepts of banking law, the legal framework regulating the banking sector and legal regulations.
2. Analyzes the general systematics of the Banking Law No. 5411 and evaluates banking-related regulations.
3. Examines the legal nature of credit agreements, types of loans and credit guarantees.
4. Explains the legal characteristics of surety and guarantee agreements and evaluates their differences from bank letters of guarantee.
5. Interprets the legal nature of letters of credit transactions, their parties and the regulations within the framework of the ICC Uniform Rules.
6. Analyzes the concept of deposit and the legal characteristics of deposit accounts, evaluates the legal regulations regarding bank and customer secrets.
7. Explains the effect of the Enforcement and Bankruptcy Law on bank loan receivables and evaluates the effect of the composition on bank receivables.
8. Analyzes legal disputes regarding banking law based on concrete events and develops solution proposals.

Week 1: Fundamentals of Banking and Legal Regulations, History of banking, Concept of banking, Historical development of Turkish banking law and regulations, Definition and scope of banking law, Purpose and general framework of Banking Law No. 5411
Week 2: Loans and Legal Framework of Credit Agreements, Loans and types of credit, Classification of loans under the Banking Law (cash/non-cash loans and other credit transactions), Legal nature of credit agreements
Week 3: Credit Agreements and General Terms & Conditions, Credits operating as current accounts, Loans structured as simple loan contracts, Sample credit agreements, General terms and conditions in credit agreements
Week 4: Credit Securities I – Real Securities, Real estate mortgages, Ship mortgages, Aircraft mortgages, Pledge on movable assets (vehicle pledge, pledge on receivables and other rights), Share and bond pledges
Week 5: Credit Securities II – Real and Personal Securities, Promissory note and bill of exchange pledges (endorsement as collateral), Pledge of documents representing goods, Commercial enterprise pledge, Assignment of receivables as collateral, Personal securities: Suretyship and bank letters of guarantee
Week 6: Effects of the Enforcement and Bankruptcy Law on Credit Agreements, Provisions of the Enforcement and Bankruptcy Law affecting bank credit claims (EBL Art. 68b, 150i), Impact of concordat (debt restructuring) on bank credit claims
Week 7: Suretyship and Guarantee Agreements, General evaluation of suretyship as collateral, Differences between suretyship and guarantee agreements, Legal nature and statutory basis of bank guarantees
Week 8: Letters of Guarantee and International Regulations, Letters of guarantee under ICC Uniform Rules, Domestic and international application of guarantee and counter-guarantee letters, Seizure and injunction orders on guarantee letters and their consequences, Case law examples
Week 9: Legal Framework of Letters of Credit, Legal nature of letters of credit, Parties and processes in letter of credit transactions, ICC Uniform Rules on Documentary Credits
Week 10: Legal Implications of Letter of Credit Transactions, Domestic and international applications of letters of credit, Assignment (transfer) of letter of credit proceeds, Seizure of letter of credit proceeds, Injunction orders on letter of credit transactions and legal consequences, Domestic and international case law analysis
Week 11: Deposit Law and Banking Transactions, Concept and types of deposits, Legal restrictions on deposit withdrawals, Legal institutions affecting deposit usage (representation, guardianship, power of attorney), Seizure of deposits and inheritance procedures
Week 12: Banking Secrecy and Customer Privacy, Concept of banking secrecy and customer privacy, Obligation to maintain confidentiality in the banking sector, Legal regulations on banking secrecy protection

• Midterm 40 %
• Final 60 %