KOÇ UNIVERSITY
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SYLLABUS - Business Law 202
FALL 2011
Meeting Times & Locations:
Sec. 1: M/W/F 15:30-16:20 (SCI 103)
Sec. 2: M/WF 12:30-13:20 (CAS Z48)
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Instructor:
E-Mail:
Phone:
Office:
Dr. Robynn Allveri
rallveri@ku.edu.tr
338-1527
SOS 154 (Office Hrs – Mon. 10:30-11:30 & 13:30-14:30)
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COURSE DESCRIPTION
This course provides an overview of the law that affects international business and trade.
Participants will be introduced to law in general and the differences/similarities among
various legal systems. The specific legal concepts that influence the structure and conduct of
global business will be explained, along with a description of the corresponding provisions of
Turkish commercial law (or other private law). Instructional emphasis will be placed on
impartial practical knowledge supported by a comparative legal analysis.
COURSE OBJECTIVES
One of the objectives of the course is to help the students achieve a perception of legal
concepts. However, the primary objective is to lay out a framework for the participants to take
advantage of when doing business on a global scale. In order to assist participants in
familiarizing themselves with the actual practice of international business law, samples of
international business contracts and other types of documents commonly used in international
trade will also be provided to course participants.
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EXAM AND EVALUATION (100 POINTS POSSIBLE)
Midterm Exam: 40 points
Final Exam: 60 points
A. ATTENDANCE
It is strongly recommended that students attend all the lectures. Attendance will not be
recorded on a regular basis. However, a lack of regular attendance will result in poor grades
on the exams. It will also make the material more difficult to absorb. Finally, skipping class
is contrary to the professional attitude that one should develop at university.
B. PARTICIPATION
Students will participate in various in-class discussions and group activities throughout the
course. Students will be expected to contribute on an individual basis, as well as a group
member from time to time. Planned group activities will be announced at least 1 week in
advance. It is especially important to attend on these dates—not only to develop bonds with
your peers, but also to have a better understanding of course material.
C. EXAM MAKE-UP POLICY
Students who miss the midterm or final exam and wish to take a make-up exam must submit a
real and valid excuse that prevented them from taking the exam. The decision to allow a
make-up exam is at the discretion of the instructor.
TEACHING MATERIALS
Lecture notes and relevant handouts will be provided to students throughout the semester.
Please go to KUAIS to access this information. Other readings which are helpful, but not
required, are:
1.
2.
3.
4.
5.
Publications such as the Financial Times or The Economist
August, Ray: International Business Law, 5th Edition, Pearson International 2009
Schaffer, Richard: International Law and its Environment, 6th Edition 2004
Vecdi Aral, Hukuk ve Hukuk Bilimi Üzerine, XII Levha Yay., 2010
Rona Aybay, An Introduction To Law, 3rd Edition, Bilgi Üniv. Yay, 2011
OTHER INFORMATION
The use of mobile phones (for calls or SMS) is prohibited during class. If a student violates
this policy, or is otherwise disruptive in class, he or she will be subject to a grade deduction.
The Student Code of Conduct, Classroom Code of Conduct, and Academic Grievance
Procedure can all be found in the following site: http://www.ku.edu.tr/en/navigation/kocstudent.
Please consult me regarding any questions you have about this course or the class material.
You may send an email (rallveri@ku.edu.tr), or stop by during my office hours. If my office
hours conflict with your class schedule, contact me to set an appointment. I look forward to
working with you this semester!
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COURSE SCHEDULE & TOPIC LIST
LAW AND OTHER SOCIAL RULES AND CONVENTIONS (WEEKS 1-2)
I) Law as Social Order
II) Law and Justice
III) Sources of Law
IV) Legal Systems
A) Common Law & Civıl Law
B) Islamic Law
C) Socialist law
PRIVATE LAW AND PUBLIC LAW (WEEKS 3-4)
I) General/Different Types
A) Private Law
B) Public Law
II) Areas of Public Law
A) Constitutional law
B) Administrative law
C) Criminal Law
III) Areas of Private Law
A) Civil Law
B) Law of Obligations
CONTRACT AND TORT (WEEK 5)
I) Law of Contracts
A) Principle of Freedom of Contract
B) Formation of Contracts
C) Representation (Temsil)
D) Classification of Contracts, in terms of the degree of their enforceability
E) Termination of Contracts
II) Tort
A) Elements of an action in tort
B) Strict liability
SECURITY CONTRACTS (WEEK 6)
I) Personal Securities
A) Suretyship (Kefalet)
B) Guarantees (Garanti)
C) Bills of Exchange Guarantees (Avals)
II) Real Securities
A) Real Security over Immovable Property
B) Real Security over Movables
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LAW OF SALES CONTRACTS ( WEEKS 7-8)
I) Sales contracts ın general
II) United Nations Convention on Contracts for the International Sale of Goods (CISG) ......
III) Basic Elements of an Int'l Sales Contract
IV) ICC Model Sales Contract
COMPANY LAW (WEEKS 9-10)
I) In General
II) Company Law In The EU
A) Directives Concerning Company Law
B) “Societas Europaea”(SE) European Company
III) U.S. Company Law
IV) Turkish Company Law
A) Need for a New Code
B) General Provısıons of TCC On Companıes
C) Joint Stock Company
D) Private Limited Company (PLC)
COMPETITION LAW (WEEKS 11-12)
I) Introduction, General Framework
II) Agreements, Concerted Practices & Decisions Restricting Competition
III) Abuse of Dominant Position
IV) Merger Control
V) FINES TO APPLY & ACTIVE COOPERATION UNDER TURKISH LAW
A) Administrative Fines
B) Aggravating and Mitigating Factors
C) Active Cooperation/Leniency
LAW OF INTELLECTUAL PROPERTY (WEEK 13)
I) Intellectual property protection in general
A) International Level
B) Categories of Intellectual Property
II) Patents
A) EU Patent Law
B) U.S. LAW
III) Trademarks ın General
IV) Trademark Protection in The EU
V)Turkish Trademark Law
TURKISH COPYRIGHT LAW & TECHNOLOGICAL PROTECTION OF WORKS (WEEK 14)
Turkish Copyright Law and the international Regime in General
A) Works Protected and Authorship
B) Rights Conferred by the Law No: 5846 on Intellectual and Artistic Works
C) Exceptions and Limitations under Turkish Law
D) Database Protection under Turkish Law
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