Faculty of Law · Law · Undergraduate
Course Objective
This Course aims at exploring both for commonalities and discords across the overall field of the private international law making more transparent and evident the cross-linguistic correspondences of the major notions used for defining and regulating private international relations. The latter among others comprise conceptual discrepancies available in different jurisdictions which may prompt complex legal rationale for justifiable legal decision-making. Enhancing critical reviewing of nation-specific legal concepts used globally in legal communication abundant in private international law-related technicalities constitute the core learning objective. Private international relations can be attributed to one of the most challenging legal fields in as much as they require legal scholars and legal practitioners to be knowledgeable and expertly alert. This follows from the nature of this field which is multidisciplinary within the legal profession and the concepts generated, used, reviewed, and applied in this field are highly technical and sophisticated. The Course is underlying significant components of analytical thinking making it instrumental for expanding knowledge needed for studying other legal courses, such as: international banking and investment law, international commercial arbitration, international civil procedure, and the EU contract law.
Course Content
Concept of private international law, sources of private international law, rules of private international law, connecting rules, rules of international procedural law, related fields (citizenship law and foreigners’ law).
Required Resources
Prof. Dr. Cemal ŞANLI, Doç. Dr. Emre ESEN, Yrd. Doç. Dr. İnci ATAMAN FİGANMEŞE, Milletlerarası Özel Hukuk, 2016/11 5. Baskı, XXVIII+778 Sayfa, Ciltli, ISBN 978-605-9263-45-0 Prof. Dr. Aysel ÇELİKEL, Prof. Dr. B. Bahadır ERDEM, Milletlerarası Özel Hukuk, 2016/03 14. Baskı, XXXIV+844 Sayfa, Ciltli, ISBN 978-605-333-570-2
Recommended Resources
Prof. Dr. Nuray EKŞİ, Milletlerarası Özel Hukuk I Pratik Çalışma Kitabı Kanunlar İhtilâfı Kurallarına ve Milletlerarası Usul Hukukuna İlişkin Seçilmiş Mahkeme Kararları, 2016/08 3. Baskı, LVI+316 Sayfa, ISBN 978-605-333-676-1 Prof. Dr. Nuray EKŞİ, Milletlerarası Özel Hukuk II Pratik Çalışma Kitabı (Vatandaşlık ve Yabancılar Hukukuna İlişkin Seçilmiş Mahkeme Kararları) 2016/09 3. Baskı, LII+446 Sayfa ISBN 978-605-333-705-8
Course Learning Outcomes
- The Course allows for several interdisciplinary dimensions through combining the key concepts and categories elaborated within the private international law domain.
- Will be able to evaluate the importance of public order and mandatory rules, acquired rights with respect to our material law.
- Will obtain knowledge of earning and/or losing Turkish nationality, national and international legislation regarding citizenship law.
- Will learn about Continental law and Anglo-American law system regarding fraud of law, conflict of rules and adaptation, preliminary question and renvoi.
- Will obtain knowledge of applicable laws in private international law.
- Will obtain knowledge of international procedural law matters, especially international competence, international arbitration, recognition and enforcement of foreign court judgments and arbitration decisions.
- Will obtain knowledge of national and international legislation regarding the law on the foreign and international protection.
Teaching Methods
Assessment & Evaluation
ECTS / Workload
| Activity | Quantity | Duration (h) | Total Workload |
|---|---|---|---|
| Course Duration (Including Exam Week) | 16 | 3 | 48 |
| Out of Class Study Period | 16 | 3 | 48 |
| Midterm | 1 | 1 | 1 |
| Quiz | 2 | 1 | 2 |
| Assignment | 0 | 0 | 0 |
| Practice | 0 | 0 | 0 |
| Final | 1 | 2 | 2 |
Course Schedule
| Week | Subject | Preparation |
|---|---|---|
| 1 | Concept of private international law (“PIL”), its related fields, its connection with public international law, its history, sources and literature. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 2 | Quality and types of PIL rules, connection, connecting points of personal status, law defraud in connecting, conflict of rules and adaptation, preliminary issue. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 3 | Renvoi, public order, application of foreign law. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 4 | Connecting rules of Turkish PIL, (in general, general terms, connecting rules in law of persons and family law [law of spouses]). | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 5 | Connecting rules of Turkish PIL (family law [law of paternity, adoption, alimony, custody], inheritance law and property law). | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 6 | Connecting rules of Turkish PIL (law of obligations, torts, unjust enrichment and acting without authority). | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 7 | Concept of international procedural law (“IPL”), lex fori principle, classification, its connection with material law. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 8 | Ara Sınav | Ara Sınav |
| 9 | International competence, system and rules. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 10 | Security, recognition and foreign court judgments. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 11 | International arbitration, legal assistance and bankruptcy. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 12 | General legal doctrine in Turkish citizenship law, general principles, obtaining of Turkish nationality. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 13 | Loss of Turkish nationality, proof of Turkish nationality and disputes on nationality, time of obtaining and loss of Turkish nationality. | The related topics shall be read from the obligatory sources and from the Turkish International Private and Procedural Law (Act No. 5718) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 5718 |
| 14 | Introduction, general principles of foreigners’ law, general principles of Turkish foreigners’ law, utilization of rights and freedoms of a foreigner as a legal person. | The related topics shall be read from the obligatory sources and from The Law on Foreign and International Protection (Act No. 6548) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 6548 |
| 15 | Social and economic rights and freedoms of foreigners, their political rights. | The related topics shall be read from the obligatory sources and from The Law on Foreign and International Protection (Act No. 6548) prior to attending the lecture. The course ise being carried out with the strict complaince of the Act No. 6548 |
| 16 | Final Sınavı | Final Sınavı |