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HUK 401 - Bankruptcy Law I

Faculty of Law · Law · Undergraduate

ECTS: 5 T+P+L: 3+0+0 Compulsory
Coordinator: Arş. Gör. Merve BUDUN KILIÇ
Instructors: Dr. Öğr. Üyesi Mükerrem Onur BAŞAR

Course Objective

This course deals with the enforcement by the State of court orders and as with the forcing of payments of debts. Enforcement is divided into two categories; namely partial enforcement and total enforcement (or bankruptcy). It's also aimed to clarified that, the ways of enforcement proceedings which the creditors will be able to refer.Within this scope, the steps of the enforcement proceedings with or without judgment, bankruptcy, action for annulment and concordatum will be instructed.

Course Content

Following topics will be covered during this course: Sources of enforcement law, bankruptcy instutions, enforcement fees, parties of debt enforcement process, debt enforcement without verdict, levy, initiation of enforcement, preliminary documents and fees, parties, objection to enforcement, nullification of objection, levy process, order to pay and cancelliation, enforcement of bonds, encashment and sharing, evacuation of property, enforcement with verdict, cautionary levy, law of bankrupt, composition order, restructuring via conciliation, enforcement crimes.

Required Resources

Baki Kuru, İcra İflas Hukuku Ders Kitabı, 2020

Recommended Resources

Hakan Pekcanıtez, Oğuz Atalay, Meral Sungurtekin, Muhammet Özekes, İcra İflas Hukuku Ders Kitabı, 2020

Course Learning Outcomes

  1. The students who succeeded in this course; Will be able to learn, how to practice the enforcement proceedings legally.Will be able to learn how to practice bankruptcy law, and will be able to choose the most effective proceeding of bankrupty.
  2. Know the ways of foreclosures in Enforcement and Bankruptcy Law
  3. Learns appeals and ways of litigation against foreclosures
  4. Learns how to end the foreclosure.

Core Area Distribution

(38) Law%100

Teaching Methods

ExpressionQuestion-AnswerDiscussionCase Study

Assessment & Evaluation

Testing (Essay / Tests: True-Falls, multiple-choice, short answer, matching)

ECTS / Workload

ActivityQuantityDuration (h)Total Workload
Course Duration (Including Exam Week)16348
Out of Class Study Period16464
Midterm111
Quiz000
Assignment000
Practice000
Final122

Course Schedule

WeekSubjectPreparation
1Introduction / Orientation and General provisionsThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
2Enforcement Proceedings without Judgment and General Distraint ProceedingThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
3Order of Payment and Action for Annulment Removal of the Objection, Action for RestitutionThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
4Action for Restitution,lawsuit for the establishment of a negative factThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
5Liquidation and distribution of Money The Termination of Tender for the allocation of money, The Debt's Document for the incapability of paymentThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
6Attachment ,Process for distraintThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
7Action for recovery of propertyThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
8Ara SınavAra Sınav
9payment in installmentsThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
10The Termination of Tender forThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
11The Debt's Document for the incapability of payment allocation of money,The related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
12Distraint proceedins specific to bill of exchangesThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
13Conservatory attachmentThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
14A writ of execution and insolvencyproceedings Enforcement Proceeding pertaining to a JudgmentThe related topics shall be read from the obligatory sources and from the Enforcement and Bankruptcy Law (the "EBL") prior to attending the lecture. The course ise being carried out with the strict complaince of the EBL.
15Revision with case studiesStudents are expected to prepare case studies which shall be distrubuted to them a week before the session. They are also require to attend with the Enforcement and Bankruptcy Law (the "EBL").
16Final SınavıFinal Sınavı