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KHUK 510 | Course Introduction and Application Information
| Course Name |
Public Claims Law
|
|
Code
|
Semester
|
Theory
(hour/week) |
Application/Lab
(hour/week) |
Local Credits
|
ECTS
|
|
KHUK 510
|
Fall/Spring
|
3
|
0
|
3
|
7.5
|
| Prerequisites |
None
|
|||||
| Course Language |
Turkish
|
|||||
| Course Type |
Elective
|
|||||
| Course Level |
Second Cycle
|
|||||
| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | - | |||||
| National Occupation Classification | - | |||||
| Course Coordinator | ||||||
| Course Lecturer(s) | ||||||
| Assistant(s) | - | |||||
| Course Objectives | The aim of the lecture is to teach nature, scope, and method of protecting and collecting the public receivables and the legal remedies under enforcement procedure. |
| Learning Outcomes |
The students who succeeded in this course;
|
| Course Description | Scope, types, qualifications, collection procedure and the judicial remedies against transactions of public receivables under the comparative and Turkish law. |
| Related Sustainable Development Goals |
|
|
|
Core Courses | |
| Major Area Courses | ||
| Supportive Courses | ||
| Media and Management Skills Courses | ||
| Transferable Skill Courses |
WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES
| Week | Subjects | Related Preparation |
| 1 | Qualifications of public receivables | BAHÇECİ, pp 17-39 |
| 2 | Types of public receivables | BAHÇECİ, pp 60-89 |
| 3 | Bounds of the public claimer status | BAHÇECİ, pp 90-110 SUNGURTEKİN ÖZKAN Meral, Oranlılık İlkesi ve İlkenin İcra Hukukunda Uygulanması, Prof. Dr. Turhan Tufan Yüce’ye Armağan, Dokuz Eylül Üniversitesi yay, İzmir 2001, pp 185-195 ECtHR decisions: Vaskrsic / Slovenya, 4. Section, 25.04.2017 http://hudoc.echr.coe.int/eng?i=001-173102 Rousk/İsveç, 5. Section, 25.07,2013 http://hudoc.echr.coe.int/eng?i=001-123422 Sace Elektrik Ticaret ve Sanayi AŞ / Türkiye, 2. Section, 22.10.2013, http://hudoc.echr.coe.int/eng?i=001-127105 |
| 4 | Responsibility for public claims | BAHÇECİ, pp 116-163 Tahsilât Genel Tebliği, Seri A Sıra No 1 http://www.gib.gov.tr/sites/default/files/fileadmin/mevzuatek/eski/ Tahsilât_Genel_Tebligi_A1_27062018.pdf |
| 5 | Tempoarary Protection Measures | BAHÇECİ, pp 164-187 |
| 6 | Comparative enforcement procedures | BAHÇECİ, pp 188-204 |
| 7 | Order of payment | BAHÇECİ, pp 206-228 |
| 8 | Seizure | BAHÇECİ, pp 229-258 |
| 9 | Midterm exam | |
| 10 | Conservation and liquidation | BAHÇECİ, pp 252- 276 Tahsilât Genel Tebliği, Seri A Sıra No 1 http://www.gib.gov.tr/sites/default/files/fileadmin/mevzuatek/eski/ Tahsilât_Genel_Tebligi_A1_27062018.pdf |
| 11 | Harmonization interests | BAHÇECİ, pp 276-291 SUNGURTEKİN ÖZKAN Meral, Oranlılık İlkesi ve İlkenin İcra Hukukunda Uygulanması, Prof. Dr. Turhan Tufan Yüce’ye Armağan, Dokuz Eylül Üniversitesi yay, İzmir 2001, pp 190-200 ECtHR decisions: OAO Neftyanaya Kompaniya Yukos / Rusya, 1. section, 20.09.2011, http://hudoc.echr.coe.int/eng?i=001-106308 Zehentner / Avusturya, 1. section, 16.07.2009, http://hudoc.echr.coe.int/eng?i=001-93594 |
| 12 | Encashment | BAHÇECİ, pp 300-320 ÜSTÜN Ümit Süleyman, Kamu Alacaklarında Rüçhan Hakkı, Legal yay, İstanbul 2013, pp157-2017 |
| 13 | Seizure related litigation | BAHÇECİ, pp 252-275 |
| 14 | Prescription | BAHÇECİ, pp 332-335 ECtHR decisions Khodorkovskiy ve Lebedev / Rusya, 1. Daire, 25.07.2013, http://hudoc.echr.coe.int/eng?i=001-122697 |
| 15 | Review of the semester | |
| 16 | Final Exam |
| Course Notes/Textbooks | |
| Suggested Readings/Materials | AĞAR Serkan, Vergi Tahsilâtından Kaynaklanan Uyuşmazlıklar ve Çözüm Yolları, Yaklaşım yay, Ankara 2009 CANDAN Turgut, Açıklamalı Amme Alacaklarının Tahsil Usulü Hakkında Kanun, Maliye ve Hukuk yay, Ankara 2011 ÇELİK, S. Binnur, Kamu Alacaklarının Takip ve Tahsil Hukuku, 12 Levha yay, İstanbul 2018, s 189 GERÇEK Adnan, Kamu Alacaklarının Takip ve Tahsil Hukuku, Ekin yay, Bursa 2015 |
EVALUATION SYSTEM
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments |
1
|
20
|
| Presentation / Jury |
1
|
20
|
| Project | ||
| Seminar / Workshop | ||
| Oral Exams | ||
| Midterm |
1
|
20
|
| Final Exam |
1
|
40
|
| Total |
| Weighting of Semester Activities on the Final Grade |
3
|
60
|
| Weighting of End-of-Semester Activities on the Final Grade |
1
|
40
|
| Total |
ECTS / WORKLOAD TABLE
| Semester Activities | Number | Duration (Hours) | Workload |
|---|---|---|---|
| Theoretical Course Hours (Including exam week: 16 x total hours) |
16
|
3
|
48
|
| Laboratory / Application Hours (Including exam week: '.16.' x total hours) |
16
|
0
|
|
| Study Hours Out of Class |
16
|
5
|
80
|
| Field Work |
0
|
||
| Quizzes / Studio Critiques |
0
|
||
| Portfolio |
0
|
||
| Homework / Assignments |
1
|
20
|
20
|
| Presentation / Jury |
1
|
20
|
20
|
| Project |
0
|
||
| Seminar / Workshop |
0
|
||
| Oral Exam |
0
|
||
| Midterms |
1
|
30
|
30
|
| Final Exam |
1
|
42
|
42
|
| Total |
240
|
COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP
|
#
|
Program Competencies/Outcomes |
* Contribution Level
|
|||||
|
1
|
2
|
3
|
4
|
5
|
|||
| 1 |
Consolidates the interpretation ability with an analytic and integral point of view on the basis of legal norms in the field of public law. |
-
|
-
|
-
|
-
|
X
|
|
| 2 |
Develops her/his knowledge in expertise level regarding the terms and institutions in public law and its subdivisions. |
-
|
-
|
-
|
-
|
X
|
|
| 3 |
Forms new information by combining theoretical and applied knowledge obtained in public law with the knowledge from different disciplines. |
-
|
-
|
-
|
-
|
X
|
|
| 4 |
Solves problems by using the theoretical and applied knowledge obtained in expertise level regarding private law. |
-
|
-
|
-
|
X
|
-
|
|
| 5 |
Uses the research methods unique to the area of public law. |
-
|
X
|
-
|
-
|
-
|
|
| 6 |
Transfers the knowledge and equipments to be obtained in expertise level regarding public law and its subdivisions in an efficient way both in written and verbally. |
-
|
-
|
-
|
-
|
X
|
|
| 7 |
Solves the legal problems especially, the disputes before the courts. |
-
|
-
|
-
|
-
|
X
|
|
| 8 |
Considers social, scientific and ethic values in the processing and evaluation phases of knowledge. |
-
|
-
|
-
|
-
|
-
|
|
| 9 |
Carries on a study independently which requires expertise in public law and its subdivisions. |
-
|
-
|
-
|
-
|
-
|
|
| 10 |
Prepares an authentic dissertation/term project in compliance with the scientific criteria in public law. |
-
|
-
|
-
|
-
|
-
|
|
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest
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