Information Package
baskent.edu.tr

Program of Law (English 30%)

LAWG466

PRIVATE INTERNATIONAL LAW II

Course Code
LAWG466
Semester
Eighth Term (Spring)
Theory+Practice
3 + 1
ECTS
4
Course TypeCompulsory Course
Course LevelBachelor's Degree
Year of Study4
SemesterEighth Term (Spring)
ECTS4
Name of Lecturer(s)
Learning Outcomes

At the end of this course, the students;

  1. Able to explain the basic matters of conflicts of laws.
  2. Define the term of foreign element.
  3. Categorize types of conflict of laws.
  4. Interpret the conflict of law rules.
  5. Identify the general problems of conflict of laws.
  6. Identify the concepts of characterization, interpretation of connecting factor, renvoi and preliminary problem.
  7. Interpret order public and mandatory rules.
  8. Identify the law applicable to the form of legal transactions and period of limitation.
  9. Identify the certain problems of conflict of laws.
  10. Identifies the conflict of law rules on the law of persons and family law s in Turkish International Private and Procedural Act.
  11. Identifies the rules applicable to inheritance.
  12. Identifies the rules applicable to contractual obligations.
  13. Identifies the rules applicable to torts.
  14. Will be able to explain the basic matters of international jurisdiction.
  15. Identifies the fundamental characteristic and main principles of international jurisdiction.
  16. Explains the concepts of international jurisdiction, judicial power and immunity on trial.
  17. Will be able to identify the basic problems of international jurisdiction.
  18. Identifies the authorized court in a dispute that involves a foreign element.
  19. Interprets the international prorogation agreements.
  20. Explains the recognition and enforcement of foreign judgments and arbitral awards.
  21. İdentifies the rules which are applied to unjust enrichment.
Mode of DeliveryFace to face
PrerequisitesNo
Recommended Optional Programme ComponentsNone
Course DescriptionThe basic concepts of conflict of laws and in Turkish Private International Law; binding rules, international judgment of Turkish Courts, recognition and exequatur of foreign court decisions in Turkey will be explained.
Course Contents
WEEK TOPICS
1st Week The basic characteristic and types (internetional-interlocal-interpersonal-intertemporal) of conflict of laws
2nd Week The distinction between conflict of laws and international jurisdiction law-The relation between conflict of laws and other branchs of law-The sources of conflict of laws
3rd Week The therotical and methodical improvement of conflict of laws- The application of foreign law- The improvement of Turkish conflict of laws- The systematic analysis of MÖHUK
4th Week The distinction between the conflict of law rules and substantive rules- The structure of conflict of laws rules
5th Week The problem of classification- The problem of renvoi
6th Week Fragus legis- Adaption- Vorfrage
7th Week Conflict mobili- The law applicable to form of legal transactions- The law applicable to prescription- The law applicable to competency
8th Week Midterm Exam
9th Week The analysis of the conflict of law rules related to law of persons and family law in MÖHUK
10th Week The law applicable to inheritance and legal rightes
11th Week The law applicable to contractual obligations
12th Week The law applicable to torts and unjust enrichment- The general analysis of international jurisdiction lew- International jurisdiction
13th Week The international jurisdiction in the cases related to personal situations of Turkish citizens, some cases related to personal situations of foreignres and cases related to inheretance- Jurisdiction aggrements- Warranty
14th Week Immunity on trial- The recognition and enforcement of foreign judgements- International commercial arbitration- The recognition and enforcement of foreign judgements and arbitral awards
Recommended or Required ReadingÇelikel, Aysel/Erdem, B.Bahadır: Milletlerarası Özel Hukuk, İstanbul.
Nomer, Ergin/Şanlı, Cemal: Devletler Hususi Hukuku, İstanbul.
Tekinalp, Gülören: Milletlerarası Özel Hukuk, İstanbul.
Aybay, Rona/Dardağan, Esra: Yasaların Uluslararası Düzeyde Çatışması (Kanunlar İhtilafı), İstanbul.
Doğan, Vahit: Milletlerarası Özel Hukuk, Ankara.
Güngör, Gülin: Milletlerarası Özel Hukuk, Ankara.
Planned Learning Activities and Teaching Methods
  • Lecture
  • Discussion
  • Questions/Answers
  • Case Study
  • Problem Solving
  • Project
  • Report Preparation
  • Presentation
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 1 1
Preparation for Quiz 0 0 0
Individual or group work 14 3 42
Preparation for Final exam 1 11 11
Course hours 14 3 42
Preparation for Midterm exam 1 9 9
Laboratory (including preparation) 14 1 14
Final exam 1 1 1
Homework 0 0 0
Total Work Load120
Total Work Load / 30 (h)4
ECTS Credit of the Course4
Language of InstructionTurkish
Work Placement(s)No

Programme Qualifications / Learning Outcomes

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K11 X X X X X X X X X X X X X X X X X X X X
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