Information Package

Ph.D. on Civil Law

LAW608

RIGHTS AND OBLIGATIONS IN THE TRIPARTITE RELATIONSHIPS

Course Code
LAW608
Semester
-
Theory+Practice
3 + 0
ECTS
15
Course TypeElective Course
Course LevelDoctorate Of Science
Year of Study-
Semester-
ECTS15
Name of Lecturer(s) -
Learning Outcomes

At the end of this course, the students;

  1. Will be able to understand the concept of tripartite relationships in the law of obligations,
  2. Will be able to understand the elements, effects and consequences of tripartite relationships arising from contracts and non-contractual obligations,
  3. Will be able to understand the rights and liabilities arising from the tripartite relationship,
  4. Will be able to analyze recent changes concerning tripartite relationships in the law of obligations.
Mode of DeliveryFace to face
PrerequisitesNo
Recommended Optional Programme ComponentsNo
Course DescriptionA type of legal transactions which is of importance in practice, despite being exceptional is the tripartite relationships. In these relationships, each party mutually and correspondingly assume a performance obligation and each party is liable for failing to discharge his obligation at all or as required. The most common examples of tripartite relationships in practice are the letter of bank guarantee, the bank credit card agreement and undertaking any contract. In these relationships, it has great importance to designate the rights and obligations of the parties towards each other and to comprehensively examine and determine the liabilities of the parties towards each other in the light of different opinions in doctrine.
Course Contents
WEEK TOPICS
1st Week The Concept of Tripartite Relationships in the Law of Obligations
2nd Week The Historical Development of Tripartite Relationships in the Law of Obligations
3rd Week Types of Tripartite Relationships in the Law of Obligations
4th Week The Termination of Tripartite Relationships in the Law of Obligations
5th Week The Third Party Beneficiary Contracts
6th Week The Contracts Involving Tripartite Relationships in the Law of Obligations
7th Week The Assumption of Performance of a Third Party
8th Week Midterm Exam
9th Week The Contract of Guaranty
10th Week The Contract of Guaranty
11th Week The Contract of Assignment
12th Week The Contract of Assignment
13th Week The Credit Card Agreement
14th Week The Financial Leasing Contract
Recommended or Required ReadingFikret EREN: Borçlar Hukuku Özel Hükümler; Burak Özen, Cevdet Yavuz, Faruk Acar: Borçlar Hukuku Dersleri (Özel Hükümler); Cevdet Yavuz: Türk Borçlar Hukuku Özel Hükümler; Mustafa Alper Gümüş: Borçlar Hukuku Özel Hükümler - Cilt 1-2 and other monographic resources.
Planned Learning Activities and Teaching Methods
  • Discussion
  • Questions/Answers
  • Case Study
Assessment Methods and Criteria
Quantity Percentage (%)
Mid-term 1 40
Total(%) 40
Contribution of In-term Studies to Overall Grade(%) 40
Contribution of Final Examination to Overall Grade(%) 60
Total(%) 100
ECTS Allocated Based on Student Workload
Activities Quantity Duration (Hour) Total Workload (Hour)
Midterm exam 1 2 2
Preparation for Quiz 0 0 0
Individual or group work 14 25 350
Preparation for Final exam 1 26 26
Course hours 14 3 42
Preparation for Midterm exam 1 26 26
Laboratory (including preparation) 14 0 0
Final exam 1 2 2
Homework 1 2 2
Total Work Load450
Total Work Load / 30 (h)15
ECTS Credit of the Course15
Language of InstructionTurkish
Work Placement(s)No
LO1 LO2 LO3 LO4
K1 X
K2 X
K3 X X X
K4 X