HUK408

School of Law \ Law

3

6

Compulsory

Turkish

-

Law undergraduate

The course covers the determination of the right of jurisdiction on legal problems or claims arising from legal transactions/relationships/acts of private law with foreign elements and the determination of the Turkish judicial authorities with international jurisdiction within this right, the rules of procedural law to be applied by these bodies and the rules of substantive law that will resolve/evaluate legal disputes or claims on the merits; the supervision of the decisions given by the higher judicial bodies and the recognition and enforcement of the decisions of foreign competent bodies in the field of private law in Turkey.

I. Books:
1. Aysel Çelikel/Bahadır Erdem: Milletlerarası Özel Hukuk, B. 18, İstanbul 2024.
2. Vahit Doğan: Milletlerarası Özel Hukuk, B. 9, Ankara 2023.
3. Ergin Nomer: Devletler Hususî Hukuku, B. 23, İstanbul 2021.
4. Ergin Nomer: Milletlerarası Usul Hukuku, B.2, İstanbul 2018.
5. Sibel Özel/Mustafa Erkan/Hatice Selin Pürselim/Hüseyin Akif Karaca, Milletlerarası Özel Hukuk, B. 3, İstanbul 2024.
6. Fügen Sargın, Türk Milletlerarası Usûl Hukuku, Ankara 2024
7. Cemal Şanlı/Emre Esen/İnci Ataman- Figanmeşe, Milletlerarası Özel Hukuk, B. 11, İstanbul 2024.
8. Uğur Tütüncübaşı/ Işıl Özkan, Uluslararası Usûl Hukuku, B. 2. 2020.
II. Text books:
9. Aysel Çelikel / Ergin Nomer /Emre Esen/ F. Kerem Giray: Milletlerarası Özel Hukuk Pratik Çalışma Kitabı (Çözümlenmiş Örnek Olaylar - Seçilmiş Mahkeme Kararları, Kanunlar İhtilâfı - Milletlerarası Usûl Hukuku - Vatandaşlık ve Yabancılar Hukuku), B.16, İstanbul 2022.
10. Vahit Doğan, Milletlerarası Özel Hukuk, Pratik Çalışmaları, Örnek Olaylar-Seçilmiş Mahkeme Kararları, B. 5, Ankara 2021.
11. Nuray Ekşi, Milletlerarası Özel Hukuk I - Pratik Çalışma Kitabı (Kanunlar İhtilâfı Kurallarına ve Milletlerarası Usûl Hukukuna İlişkin Seçilmiş Mahkeme Kararları), B. 5, İstanbul 2020.
III. Legal Documents and Turkish PILA
dergipark.org.tr; lexpera.com.tr;
yargıtay.gov.tr; kazancı.com.tr, legalbank.net; lexpera.com.tr;
tbmm.gov.tr; dısisleri.gov.tr; hcch.net, un.org

In the light of the international conventions to which Turkey is a party, other positive legal regulations of Turkish law and examples from practice, to determine the Turkish authorities who will decide on legal problems in the field of private law with a foreign element, the competent legal rules to be applied by them in the field of substantive and procedural law; to determine the legal effect of judicial decisions made by foreign state organs; To interpret the relevant rules within the scope of the basic principles of international law, especially human rights, the trends in national legal orders, the current approaches to the needs of the international social order, and to determine the possible deficiencies, and to provide the student with the ability to analyze the problems of the field from a broad perspective.

1. Recognizes private law relations with foreign elements and thus determines when foreign law should be applied. Determines the methodology to be used in the resolution of legal disputes arising from the law of person, family law, law of contracts, law of torts, law of unjust enrichment and law of inheritance.
2. He/she shall have a command of the main sources and practice consisting of the provisions of international conventions and other legislation to which the rules of conflict of laws are included. Identifies and interprets the binding rules, substantive international private law rules, directly applicable rules in the relevant regulations.
3. Explains and applies the concepts of qualification, interpretation of the point of attachment, attribution, preemption, which are necessary for the mental activity that will take place during the determination and application of the competent foreign law. The intervention of Turkish public order is activated in such a way as to override the competent law when necessary. Apply or take into account the directly applicable rules of Turkish law and the law of a closely related third state.
4. Has a command of the basic concepts, principles and institutions of international procedural law.
5. Determines the Turkish courts with international jurisdiction and competence and alternative remedies for contentious and non-contentious claims with foreign elements. It determines the rules of procedure to be followed by the courts in the state judiciary and the manner of judicial review of the decisions of these courts.
6. Explains the conditions and consequences of the private law judgments rendered by foreign judicial and administrative authorities in Turkey.
7. Interprets the concepts, institutions and reasons for need that are unknown in Turkish law in the gap filling stage.
8. Analyzes the existing rules in Turkish law in the light of current developments in human rights and national laws.

Week 1: Field of Conflict of Laws Law; Subject of Conflict of Laws Law, Sources of Turkish Conflict of Laws Law, Types of Conflict of Laws, Methods of Resolving Conflict of Laws
Week 2: Qualification, Variable status emerging with change of point of connection, Attribution, Preliminary issue
Week 3: Intervention of public order, Directly applicable rules, Application and supervision of foreign law by Turkish judge, Law applicable to form
Week 4: Law applicable to statute of limitations, Law applicable to right and legal capacity, Law applicable to Conflict of Laws arising from Family Law
Week 5: Conflict of Laws arising from Inheritance Law, Law applicable to Contractual Obligation Relations, Law applicable to Conflict of Laws arising from Real Rights
Week 6: Law applicable to Conflict of Laws arising from Tort, Law applicable to Conflict of Laws arising from Unjust Enrichment
Week 7: Turkish International Procedural Law, the concept of International Procedural Law, its function and determination of the issues falling within the scope of regulation, Formal Sources of Turkish International Procedural Law
Week 8: Jurisdiction and limits of Turkish courts, determination of Turkish courts with international jurisdiction
Week 9: International jurisdiction rules included in MÖHUK
Week 10: Determination of international jurisdiction rules included in some legal regulations other than MÖHUK
Week 11: Determination of procedural law rules to be applied by the judge
Week 12: Legal effects of decisions regarding private law given by foreign judicial and administrative bodies in Turkey

• Midterm 40 %
• Final 60 %