HUK427

School of Law \ Law

2

3

Elective

Turkish

-

Law

This course covers the concept and types of security, movable and immovable pledges, contracts for the transfer of immovable property for security purposes, suretyship agreements, bank letters of guarantee, and guarantee contracts.

1.Bilgehan ÇETİNER/Abdullah Furkan KORKMAZ: Teminat Hukuku.
2. Bilgehan ÇETİNER: Taşınmaz Teminatı.
3. Serkan AYAN: Kefalet Sözleşmesi.
4. Seza REİSOĞLU: Türk Kefalet Hukuku.
5. Seza REİSOĞLU: Banka Teminat Mektupları ve Kontrgarantiler.
6. Nihat YAVUZ: Öğretide ve Uygulamada Türk Kefalet Hukuku.
7. Faruk ACAR: Rehin Hukuku Dersleri.
8. Faruk ACAR: Rehin Hukukunda Taşınmaz Kavramı ve Özellikle Belirlilik İlkesi.
9. H. Murat DEVELİOĞLU: Bağımsız Garanti Sözleşmeleri.

This course aims to equip students with a comprehensive understanding of the concept and types of security, as well as the principles governing movable and immovable pledges. Students will gain knowledge of different forms of real securities, including movable and immovable pledges, contracts for the transfer of immovable property for security purposes, suretyship agreements, bank letters of guarantee, and guarantee contracts.

1. Explain the concept, legal function, and types of security; evaluate the differences between real and personal securities.
2. Describe security-related transactions and analyze the legal framework of security agreements.
3. Demonstrate a thorough understanding of movable and immovable pledges, the principles governing them, their types, and areas of application.
4. Assess the legal characteristics and practical implications of mortgages, mortgage-backed bonds, and annuity bonds as forms of immovable pledges.
5. Explain contracts for the transfer of immovable property for security purposes and the rights these contracts provide to the parties.
6. Analyze suretyship agreements, including their elements, legal effects, and termination conditions.
7. Explain the features, legal nature, and parties of bank letters of guarantee; assess the rights and obligations of the parties and evaluate their enforceability.
8. Examine the legal structure of guarantee contracts, their differences from suretyship agreements, and their practical significance.
9. Interpret and apply judicial decisions and case studies on security law to real-life legal scenarios.

Week 1: Concept of Security, Types of Security, Personal Securities, and Real Securities
Week 2: Accessory Securities and Abstract Securities
Week 3: Transactions for Providing Security, Security Agreements, and Other Related Transactions
Week 4: Real Securities, Immovable Pledge, Types of Immovable Pledges, and Governing Principles
Week 5: Mortgage, Mortgage-Backed Bonds, and Annuity Bonds
Week 6: Movable Pledge, General Principles, Governing Rules, and Types of Movable Pledges
Week 7: Contracts for the Transfer of Immovable Property for Security Purposes, Fiduciary Transfer Agreements, Real Estate Sale Contracts with Repurchase Rights, Promise of Sale Contracts for Security Purposes
Week 8: Suretyship Agreement and Its Elements
Week 9: Provisions and Termination of Suretyship Agreements
Week 10: Bank Letters of Guarantee
Week 11: Guarantee Contracts
Week 12: Practical Case Study

• Midterm 40 %
• Final 60 %