Course Information


Course Information
Course Title Code Semester L+U Hour Credits ECTS
ENFORCEMENT AND BANKRUPTCY LAW HKZ4002 7 6 + 0 6.0 8.0

Prerequisites None

Language of Instruction Turkish
Course Level Bachelor's Degree
Course Type Compulsory
Mode of delivery
Course Coordinator
Instructors İbrahim ERMENEK
Assistants
Goals The main purpose of the course is to introduce the fundamental concepts of debt enforcement and bankruptcy law, to deliver the ability to evaluate and interpret those concepts and to follow new publications in the field.
Course Content The concept of debt enforcement and bankruptcy law, Organization of debt enforcement, The types of debt enforcement, Arrest, Organization of bankruptcy, Grounds of bankruptcy, Effects of bankruptcy, Liquidation, Action on annulment of disposal, Composition of creditors and reconstruction.
Learning Outcomes 1) Defines the fundamental concepts of debt enforcement and bankruptcy law
2) Distinguishes the concepts of debt enforcement and bankruptcy law, comments on them and separetes them from each other
3) Follows the legal changes and academic publications in the field of debt enforcement and bankruptcy law
4) Determines the problems in legal practice and develops solutions and examinations to them in the light of court decisions and doctrine.
5) Questions the legal disputes about debt enforcement and bankruptcy law, criticizes the court decisions and academic publications, takes responsibility to solve and examine complex problems.
6) Remembers the fundamental concepts and information on debt enforcement and bankruptcy law, researches the information that is lacked.
7) Provides information on the subjects that are related to debt enforcement and bankruptcy law, shares opinions or solutions both verbally and in a written form, contributes to professional projects and events
8) Makes an effort to solve concrete disputes according to constitutional principles, compares and examines "de lege lata" and "de lege feranda"

Weekly Topics (Content)
Week Topics Teaching and Learning Methods and Techniques Study Materials
1. Week The concept of debt enforcement and bankruptcy law - The characteristics of debt enforcement and bankruptcy law Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
2. Week Sources of debt enforcement and bankruptcy law - Debt enforcement organization Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
3. Week State organs that are connected to the debt enforcement law - Organs of enforcement Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
4. Week Purpose of debt enforcement and bankruptcy law - Ways of compulsory enforcement - Enforcement without a court decision Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
5. Week The extend, subject, elements and importance of debt enforcement and bankruptcy law - Introduction to the types of enforcement Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
6. Week Enforcement without a court judgement Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
7. Week Ways of debt enforcement without a court decision - Request to issue enforcement proceedings - Order of payment - Objection to debt and signature Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
8. Week Rescission and annulment of opposition to the order of payment Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
9. Week Temporary and permanent rescission and annulment of opposition to the order of payment Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
10. Week Postponement and annulment of debt enforcement proceedings - Postponement on grounds of statue of limitations - Negative decleratory action - Action for restitution Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
11. Week Finalization of the proceedings - Seizure demand - Seizure of the goods that belong to debtor - Preventive measures Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
12. Week Seizure of the goods of the debtor that are in the hands of third parties - Non-seizable goods Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
13. Week Participation to the seizure - Action of recovery Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
14. Week Liquidation of seized goods - Liquidation of movable/immovable goods - Distribution of revenue - Order table - Certificate of insolvency Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
15. Week Enforcement without a court judgement depending on a bill of exchange Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
16. Week Evacuation of leased real estate Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
17. Week Introduction to the subject of enforcement with a court judgement Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
18. Week Documents evaluated as court judgements - Venue - Enforcement of judgements other than claim for money - Withdrawal of enforcement Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
19. Week Liquidation of pledges by debt enforcement proceedings with or without a court judgement Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
20. Week Provisional Attachment Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
21. Week Introduction to bankruptcy law Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
22. Week Organization of bankruptcy - Grounds of bankruptcy - People that are subject to bankruptcy - Ways of bankruptcy Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
23. Week Ordinary bankruptcy proceedings - Bankruptcy proceedings depending on bills of exchange - Bankruptcy without enforcement proceedings Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
24. Week The legal consequences of bankruptcy on the goods of the debtor Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
25. Week The legal consequences of bankruptcy on the creditors Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
26. Week Liquidation - Ordinary Liquidation - Simple Liquidation - The estate (mass) of bankruptcy - Administration of bankruptcy Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
27. Week Action on the annulment of disposal Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)
28. Week Composition of creditors and reconstruction Lecture; Question Answer; Problem Solving; Discussion; Case Study

 Presentation (Including Preparation Time)

Sources Used in This Course
Recommended Sources
Arslan/Yılmaz/Taşpınar Ayvaz/Hanağası: İcra ve İflas Hukuku, Ankara 2020.
Pekcanıtez/Atalay/Sungurtekin Özkan/Özekes: İcra ve İflas Hukuku Ders Kitabı, Ankara 2020

Relations with Education Attainment Program Course Competencies
Program RequirementsContribution LevelDK1DK2DK3DK4DK5DK6DK7DK8
PY1500000000
PY2555555555
PY3500000000
PY4555555555
PY5555555555
PY6500000000

*DK = Course's Contrubution.
0 1 2 3 4 5
Level of contribution None Very Low Low Fair High Very High
.

ECTS credits and course workload
Event Quantity Duration (Hour) Total Workload (Hour)
Course Duration (Total weeks*Hours per week) 28 6
Work Hour outside Classroom (Preparation, strengthening) 28 1
Homework 1 3
Activity (Web Search, Library Work, Trip, Observation, Interview etc.) 28 1
Midterm Exam 1 2
Time to prepare for Midterm Exam 1 10
Final Exam 1 2
Time to prepare for Final Exam 1 10
Total Workload
Total Workload / 30 (s)
ECTS Credit of the Course
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Course Information
  • Course Information
  • Weekly Topics (Content)
  • Sources Used in This Course
  • Relations with Education Attainment Program Course Competencies
  • ECTS credits and course workload