HUK401

School of Law \ Law

3

4

Compulsory

Turkish

-

Bachelor of Law

The course includes information about the development and transfer of negotiable instruments and the special legal regime to which bills of exchange are subject and the applications of bills of exchange.

Hüseyin Ülgen/Mehmet Helvacı/Arslan Kaya/N. Füsun Nomer Ertan, Kıymetli Evrak Hukuku, E. 14, Vedat Kitapçılık, 2021.
Hasan Pulaşlı, Kıymetli Evrak Hukukunun Genel Esasları, E. 10, Adalet Yayınevi, 2023.
Abuzer Kendigelen/İsmail Kırca, Kıymetli Evrak Hukuku, E. 8, On İki Levha Yayıncılık, 2024.
Ali Bozer/Celal Göle, Kıymetli Evrak Hukuku, E. 11, Banka ve Ticaret Hukuku Araştırma Enstitüsü Yayınları, 2024.
Tamer Bozkurt, Kıymetli Evrak Hukuku, E. 3, Yetkin Yayınevi, 2022.
Reha Poroy/Ünal Tekinalp, Kıymetli Evrak Hukuku Esasları, E. 34, Vedat Kitapçılık, 2021.
Fatih Bilgili/Ertan Demirkapı, Kıymetli Evrak Hukuku, E. 13, Seçkin Yayıncılık, 2024.
Mehmet Özdamar/Kürşat Göktürk/ Mehmet Çelebi Can/Esra Kaşak, Kıymetli Evrak Hukuku, E. 5, Seçkin Yayıncılık, 2024.

The aim of the Negotiable Instruments Law course is to provide the students with the necessary information about the theory of negotiable instruments and bills of exchange and to enable them to comprehend and solve the problems they may encounter in this field in their professional life.

1. Have knowledge about the historical development and economic functions of negotiable instruments. Recognizes the concepts specific to negotiable instrument law and knows the international agreements and legislation in this field.
2. Classify negotiable instruments within themselves and master the place of bills of exchange in negotiable instrument law.
3. Have knowledge about the legal status of the debtor and creditor in negotiable instruments and distinguish how their conflicting interests can be balanced.
4. Has a command of the general characteristics of bills of exchange. Has the knowledge of how to follow the practices and current judicial decisions in this field.
5. Has the ability to reach legal conclusions regarding the issuance, transfer, collateralization of bonds and checks and the solution of problems that may be encountered in practice regarding them.
6. Has a command of the process regarding the payment of bonds and checks. Has knowledge about the role of the bank in the check and the actions to be taken before the relevant judicial authorities and institutions in case of non-payment of the check.

Week 1: The nature of negotiable instruments, an overview of the types of negotiable instruments in the TCC and other laws, elements of negotiable instruments, similar negotiable instruments
Week 2: Classification of negotiable instruments in terms of the type of right they represent, in terms of being constitutive and declarative, in terms of having public security or not, in terms of reflecting the basic relationship that caused their creation, the concept of securities, cancellation of negotiable instruments.
Week 3: Negotiable instruments written in registered, registered and bearer form, change of the form of transfer of the bill (bond).
Week 4: Common features of bills of exchange, mandatory elements of the policy, the functioning of the policy and the concept of acceptance.
Week 5: The legal nature and elements of the bond.
Week 6: Transfer of the bond
Week 7: The concept of Aval
Week 8: Payment of the bond, exercise of the right of recourse in case of non-payment and the scope of the right of recourse.
Week 9: Statute of limitations, unjust enrichment, promissory note and its legal nature
Week 10: Legal nature of the check, mandatory elements of the check according to the TCC, elements of the check according to the Check Law.
Week 11: Transfer of check, special check types (confirmed check, guaranteed check, bank check, striped check, offset check)
Week 12: The concept of bounced check, legal consequences of issuing bad checks

• Midterm 40 %
• Final 60 %