GRADUATE SCHOOL
Private Law Graduate Program (Without Thesis)
HUK 558 | Course Introduction and Application Information
| Course Name |
United Nations Convention for the International Sale of Goods
|
|
Code
|
Semester
|
Theory
(hour/week) |
Application/Lab
(hour/week) |
Local Credits
|
ECTS
|
|
HUK 558
|
Fall/Spring
|
3
|
0
|
3
|
7.5
|
| Prerequisites |
None
|
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| Course Language |
Turkish
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| Course Type |
Service Course
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| Course Level |
Second Cycle
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| Mode of Delivery | - | |||||
| Teaching Methods and Techniques of the Course | DiscussionProblem SolvingCase StudyQ&ALecture / Presentation | |||||
| Course Coordinator | ||||||
| Course Lecturer(s) | ||||||
| Assistant(s) | ||||||
| Course Objectives | The objective of this course is to examine the United Nations Convention on Contracts for the International Sales of Goods (Vienna Sales Convention/CISG) which was accepted to create uniform rules concerning agreements for the sale of goods in international trade and discuss its effects on the Turkish obligations law. |
| Learning Outcomes |
The students who succeeded in this course;
|
| Course Description | CISG entered into force in Turkey on August 1, 2011. In this course; the structure, principles and rules of the Vienna Sales Convention shall be introduced to the students and the following basic legal subjects shall be discussed: Interaction between the Vienna Sales Convention and the private international law, jurisdiction and domestic law, general provisions and application of the Convention, formation of the contract, rights and obligations of the parties, transfer damage and loss, legal actions that may be taken by the injured party in case of breach of obligations. |
|
|
Core Courses |
X
|
| Major Area Courses | ||
| Supportive Courses | ||
| Media and Management Skills Courses | ||
| Transferable Skill Courses |
WEEKLY SUBJECTS AND RELATED PREPARATION STUDIES
| Week | Subjects | Related Preparation |
| 1 | History and its Entry Into Force | Zeytin, “Giriş”, 30-48. |
| 2 | Application Area in Terms of Place, Time, Person and Subject Matter | Zeytin, Part 1, Chp. 1, “Uygulama Alanı”, 48-77. |
| 3 | Interpretation and Gap-filling | Zeytin, Part 1, Chp. 2, “Genel Hükümler”, 77-99. |
| 4 | Formation of Sales Contracts | Zeytin, Part 2, “Sözleşmenin Kurulması”, 99-117. |
| 5 | General Provisions concerning the Sale of Goods | Zeytin, Part 3, Chp. 1, “Genel Hükümler”, 117-149. |
| 6 | Seller's Obligation to Deliver Goods and Documents | Zeytin, Part 3, Chp. 2, “Satıcının Yükümlülükleri”, 149-152; Zeytin, Part 3, Chp. 2, Sec. 1, “Malların Teslimi ve Belgelerin Verilmesi”, 153-162. |
| 7 | Conformity of Goods with the Contract and Third Parties’ Claims | Zeytin, Part 3, Chp. 2, Sec. 2, “Malların Sözleşmeye Uygunluğu ve Üçüncü Kişilerin Hak veya Talepleri”, 162-201. |
| 8 | Seller’s Breach of Contract and Obstacles to Performance | Zeytin, Part 3, Chp. 2, Sec. 3, “Sözleşmenin Satıcı Tarafından İhlali Halinde Alıcının Sahip Olduğu Hukuki İmkanlar”, 201-229. |
| 9 | Buyer’s Rights and Obligations | Zeytin, Part 3, Chp. 3, ”Alıcının Yükümlülükleri”, 229-263. |
| 10 | Transfer of Damage and Loss | Zeytin, Part 3, Chp. 4, “Hasarın İntikali”, 263-275. |
| 11 | Breach of the Backdated Contracts, Successive Performance Contracts | Zeytin, Part 3, Chp. 5, Sec. 1, “Öne Alınmış Sözleşmeye Aykırılıklar ve Art Arda Teslimli Sözleşmeler”, 275-295. |
| 12 | Indemnity and Interest, Discharge from Responsibility | Zeytin, Part 3, Chp. 5, Secs. 2-4, “Tazminat”, “Faiz”, “Sorumluluktan Kurtulma”, 295-336. |
| 13 | Effects and Consequences of the Elimination of the Contract | Zeytin, Part 3, Chp.5, Sec. 5, “Sözleşmenin Ortadan Kaldırılmasının Hüküm ve Sonuçları”, 339-354. |
| 14 | Preservation of Goods | Zeytin, Part 3, Chp. 5, Sec. 6, ”Malın Muhafazası”, 354-373. |
| 15 | Semester Review | |
| 16 | Final Exam |
| Course Notes/Textbooks | Zafer Zeytin, Milletlerarası Mal Satım Sözleşmeleri (CISG) Hukuku, Seçkin, 2019, ISBN: 9789750251870; Ingeborg Schwenzer/Pınar Çağlayan Aksoy, Milletlerarası Mal Satımına İlişkin Sözleşmeler Hakkında Birleşmiş Milletler Antlaşması (Viyana Satım Sözleşmesi) Şerhi = Commentary on the UN Convention on Contracts for the International Sale of Goods (CISG), Oniki Levha, 2015, ISBN: 9786051522203. |
| Suggested Readings/Materials | Şebnem Akipek, Viyana Satım Anlaşması (CISG), Yetkin, 2020, ISBN: 9786050505139. |
EVALUATION SYSTEM
| Semester Activities | Number | Weigthing |
| Participation | ||
| Laboratory / Application | ||
| Field Work | ||
| Quizzes / Studio Critiques | ||
| Portfolio | ||
| Homework / Assignments | ||
| Presentation / Jury |
1
|
40
|
| Project | ||
| Seminar / Workshop | ||
| Oral Exams | ||
| Midterm | ||
| Final Exam |
1
|
60
|
| Total |
| Weighting of Semester Activities on the Final Grade |
1
|
40
|
| Weighting of End-of-Semester Activities on the Final Grade |
1
|
60
|
| 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 |
14
|
3
|
42
|
| Field Work |
0
|
||
| Quizzes / Studio Critiques |
0
|
||
| Portfolio |
0
|
||
| Homework / Assignments |
0
|
||
| Presentation / Jury |
1
|
65
|
65
|
| Project |
0
|
||
| Seminar / Workshop |
0
|
||
| Oral Exam |
0
|
||
| Midterms |
0
|
||
| Final Exam |
1
|
70
|
70
|
| Total |
225
|
COURSE LEARNING OUTCOMES AND PROGRAM QUALIFICATIONS RELATIONSHIP
|
#
|
Program Competencies/Outcomes |
* Contribution Level
|
||||
|
1
|
2
|
3
|
4
|
5
|
||
| 1 | To consolidate the ability of interpretation of events on the basis of legal principles by analytical thinking in the field of private law. | X | ||||
| 2 | The acquisition of knowledge on private law and its sub-disciplines. | X | ||||
| 3 | To generate new information putting together the knowledge of various disciplines with theoretical and applied ones that are gained from expert level of private law. | X | ||||
| 4 | To have the ability for utilizing theoretical and applied knowledge gaining from expert level of private law on the analysis of the problems. | X | ||||
| 5 | To be able to interpret with a critical point of view by making connection between legal concepts, institutions and methods. | X | ||||
| 6 | To be able to convey the expert level of knowledge and equipment that will be possessed on private law and its sub-disciplines effectively verbally and in writing. | X | ||||
| 7 | To be able to solve legal disputes, particularly those brought before the judicial bodies. | X | ||||
| 8 | To be able to have effective communication skills. | X | ||||
| 9 | To pursue social, scientific and ethical values during the processing and evaluation of knowledge. | X | ||||
| 10 | To be able to conduct an independent study that requires specialty in the field of private law and about its sub-disciplines. | X | ||||
*1 Lowest, 2 Low, 3 Average, 4 High, 5 Highest