ISTANBUL MEDIPOL UNIVERSITY
Course Learning Outcomes of LAW of OBLIGATIONS
Course Code and Title
HUK20231 – Law of Obligations
Hours
(4+0)
Department /
Programme
School of Law
Language of Education Turkish
Course Type
Compulsory
Lecturer(s)
Assist.Prof.Dr. Harun DEMİRBAŞ - Assist.Prof.Dr. Emrah KULAKLI
Office Hours
Every Wednesday from 15.00 to 16.30
Course Objective
To evaluate provisions on, especially on the ground of Turkish Obligation Law, obligatio, contract, tort, unjust
enrichment, execution of obligation, the consequences of non-execution of obligation, changes in the sides of the
contract, the impact of obligatio to third persons, the termination and special conditions of obligatio.
Learning Outcomes
and Subordinate Skills
At the end of this course the student;
1. will be able to discuss, under the framework of general provisions of the Law of Obligations, the institutions
of Law of Obligations and their functions.
1.1. Explain the provisions on setting of contract, types of contracts, the form of legal transaction (contract in the
narrow meaning), tort, unjust enrichment and negotiorum gestio as sources of obligatio.
1.2. will be able to summarize elements, provisions and results of liability ex delicto.
1.3. Defines strict liability, its provisions and legal consequences.
2. Interpret general provisions of law of obligations according to law.
2.1. Interpret the provisions on obligatio in the light of theory and practice of law.
2.2. Identify differences in the provisions on the sources of obligatio by comparing the regulations accepted by
new Law of Obligations (Law no 6098) and regulations of the old law repealed on 1st of July, 2012 (Law no 818)
.
2.3. Interpret the provisions on the sources of obligatio.
3. will be able to evaluate the provisions on the sources of obligatio.
3.1. Evaluate the provisions on the sources of obligatio, especially in applying them to concrete legal problems in
daily life.
3.2. Evaluate the provisions on the sources of obligatio from a critical perspective based on the opinions in legal
literature and court cases.
3.3. Evaluate the provisions on the sources of obligatio taking into account de lege lata by getting the
contributions of de lege ferenda.
Generic Competences
Exposition, applied, exercise based, example case analysis, problem solving / brain storming.
1. The definition, the system, content, basic principles and sources of law of obligations; obligation and obligatio.
2. Claim and its legal meaning, right to defy, imperfect obligation, creative rights, credit and claim, obligation and
liability.
3. Performance, types of performances, partial obligation and obligation in kind, selective obligation, obligations
emerging from legal transaction, manifestation of will and types of it.
4. The importance of trust theory in interpretation of manifestation of will, the principles and development of trust
theory, the difference of legal transactions from other legal actions, the types of transactions, the terms of cause
and acquisition, abstract obligation.
5. Obligations emerging from contract, types of contracts, contract building, the harmony and mutuality of
manifestation of wills, demand as one of the founding manifestation of wills of the contract.
6. Will for acceptance, the time of the establishment and entrance into force of a contract, forms of contracts,
freedom to make contract.
7. The general transaction conditions, pre-contract, sanctions (nullity, absolute and relative nullity) simulated
transaction, locandi causa, mental reservation.
8. The provisions and consequences of simulated transactions. Its differences from transaction based on trust
(fiducia), pseudonym and fraud against law. Defective intension (lapse, deception and threat)
9. The provisions and consequences of defective intension. Catching bargain; procuration in contract, its types
and provisions.
10. Obligations emerging unilateral transactions. Promise for reward. Interpretation, completion and adjustment
of contract. Obligations emerging directly from law (liability law).
11. Historical development and aim of the liability law. Faulty liability, the elements of tort: Action, causation and
damage.
12. The multiple causes of tort (competing cause, common cause, selective cause). The break of causation, fault
Outline
and its types, contradiction to law and elements of it.
13. Circumstances of contradiction to law. Strict liability, liability of employer. Grounds for compliance for laws.
14. Liability of house president, construct owner and motor vehicle operator. Liability from danger.
15. The special conditions of motor vehicle operator, calculation of material and personal damages, balancing
(deduction)
16. Calculation of damages resulting from killing persons (loosing support), calculation and assignment of
material damage, immaterial damage (together with liability from immaterial damage of media institutions).
17. Joint liability, the relation between civil law and criminal law, time limits for torts, obligations emerging from
unjust enrichment.
18. The conditions of unjust enrichment, the scope of refunding of unjustly enriched person, plea of unjust
enrichment and its time limit, execution of obligation, execution of obligations related to money and interest.
enrichment and its time limit, execution of obligation, execution of obligations related to money and interest.
19. Execution in contracts covering mutual obligations, proving execution, default of creditor, the consequences of
execution of obligation.
20. The violation and consequences of obligatio emerging from contracts, the liability of debtor from the acts of
assisting person.
21. Agrements of non-liability, default of debtor.
22. Culpa in contrahendo, The effects of obligations on third persons (contract for the benefit of third person,
taking the responsibilty of the actions of third persons).
23. The special circumstances in obligatio.
24. Joint debtors, joint creditors.
25. The change in the sides of obligatio: Transfer of claim, assignment of liability.
26. Participation to obligation, participation to contract, transfer of contract.
27. The reasons terminating obligatio (obligation at large) and obligation (obligation in narrow meaning) I:
Mutual rescission, termination, withdrawal, abolishment, renewal, quittance, barter. Confusion of rights.
28. The reasons terminating obligation II: Time limit, impossibility of execution.
Instructional Methods
and Techniques
Lecture, team and group work and problem solving.
Course Requirements
To be a successful lawyer, the students should join the courses regularly, make research for each week’s course
subjects beforehand, listen carefully the lecturer, and participate actively discussions by aiming to solve legal
problems in the courses or practice sessions outside the course schedule.
Textbook
There are various textbooks on law of obligations. Therefore no additional material will be suggested.
References Suggested 1. EREN, Fikret: Borçlar Hukuku, Genel Hükümler, B. 14, Ankara 2012.
2. OĞUZMAN, Kemal / ÖZ, Turgut: Borçlar Hukuku, Genel Hükümler, C. I - II, B. 10, İstanbul 2012.
Sources
3. KILIÇOĞLU, Ahmet: Borçlar Hukuku, Genel Hükümler, B. 16, Ankara 2012.