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MA in Private Law (in Turkish)

Why Private Law at Ibn Haldun University?

The Private Law Master's program is designed with the awareness of Ibn Haldun being a research university. In this program, the main aim is to qualify jurists who can enhance their knowledge and academic skills at an upper level.

In the program, private law studies impacting current issues are given importance. In terms of the theoretical courses offered by the expert staff and the seminar assignments prepared by the students, the participation of the students at the highest level is ensured. The program also contributes to the student's academic and professional career development through the national connections of the University. In this way, lawyers with advanced reasoning power, with the proper research consciousness of academic ethics, handle legal problems correctly and develop rapid solutions. Mail objectives are to create unique reasoning regarding private law matters and widen lawyers' oral and written skills.

Head of Department:

Prof. Dr. Yeliz Bozkurt Gümrükçüoğlu

The need for specialist lawyers is higher than ever because of Turkey's rapid developments in social, cultural, economic, and technological fields and new legal problems in the globalized world. Ibn Haldun University, established as a social science research university to respond to the above needs, aims to educate scientists and practitioners who specialize in international private and public law. Therefore, the program should interest those who have a deep understanding of legal methods, identify problems correctly, and have an interdisciplinary perspective which is needed to solve problems, comment on legal texts with their accumulation, bring new proposals and take into account the developments in the world and present original opinions. First of all, Private Law LLM Program uses/has an effective teaching methodology. It is also open to training qualified lawyers who abstain from memorization, think and reason, correctly identify encountered legal problems and produce quick and objective solutions using the concept of the notion of law and using legal terminology properly, with excellent oral presentation skills.

The program includes both theoretical courses in the field of fundamental law and practical classes in specialist areas. Students who are entitled to get a diploma and graduate from this program will increase their knowledge and skills in the areas  listed below:

IBN HALDUN UNIVERSITY
SCHOOL OF GRADUATE STUDIES
PRIVATE LAW (TURKISH)
PHD PROGRAM COURSE PLAN
I. Semester
Course Code Course Name Hours Credit ECTS
T U
HUK 501-A Bilimsel Araştırma Teknikleri ve Yayın Etiği 3 0 3 8
HUK… Program Seçmeli 3 0 3 8
HUK… Program Seçmeli 3 0 3 8
HUK…/... Program Seçmeli/Genel Seçmeli 3 0 3 8
Total Credit 12 32
II. Semester
Course Code Course Name Hours Credit ECTS
T U
HUK 500-A Seminer 1 0 0 6
HUK… Program Seçmeli 3 0 3 8
HUK… Program Seçmeli 3 0 3 8
HUK…/... Program Seçmeli/Genel Seçmeli 3 0 3 8
Total Credit 9 30
III. Semester
Course Code Course Name Hours Credit ECTS
T U
HUK 599 Yüksek Lisans Tezi 0 0 0 30
Total Credit 0 30
IV. Semester
Course Code Course Name Hours Credit ECTS
T U
HUK 599 Yüksek Lisans Tezi 0 0 0 30
Total Credit 0 30
Overall Total Credit 21 122
COMPULSORY COURSES
Course Code Course Name Hours Credit ECTS
T U
HUK 500-A Seminer 1 0 0 6
HUK 501-A Bilimsel Araştırma Teknikleri ve Yayın Etiği 3 0 3 8
DEPARTMENTAL ELECTIVE COURSES
Course Code Course Name Hours Credit ECTS
T U
HUK 503 Avrupa Birliği Tüketici Hukuku 3 0 3 8
HUK 504 İşçinin Kişisel Verilerinin Korunması 3 0 3 8
HUK 505 Tahkim Hukukunun Güncel Sorunları 3 0 3 8
HUK 506 ICC Tahkimi ve Uygulaması 3 0 3 8
HUK 507 Milletlerarası Usul Hukuku 3 0 3 8
HUK 508 Özel Hukuk Kişilerinin Kamusal Faaliyetleri 3 0 3 8
HUK 510 Uluslararası Ticaret Hukuku 3 0 3 8
HUK 511 Anonim Şirketler Hukuku 3 0 3 8
HUK 512 İsimsiz Sözleşmeler 3 0 3 8
HUK 513 Sendikal Haklar 3 0 3 8
HUK 515 İflas ve Konkordato Hukuku 3 0 3 8
HUK 516 Telif Hukuku 3 0 3 8
HUK 518 Uluslararası Özel Hukukta Güncel Gelişmeler 3 0 3 8
HUK 520 Teminat Hukuku 3 0 3 8
HUK 521 Rekabet Hukukunun Güncel Sorunları 3 0 3 8
HUK 522 Vakıf Hukuku 3 0 3 8
HUK 523 Hukuki Argümantasyonda Etik Teorilerin Katkısı 3 0 3 8
HUK 526 Mal Rejimleri Hukuku 3 0 3 8
HUK 528 Sermaye Piyasası Hukuku 3 0 3 8
HUK 529 Çocuk Hukuku 3 0 3 8
HUK 531 Enerji Hukuku 3 0 3 8
HUK 532 Çek Hukuku 3 0 3 8
HUK 533 Marka Hukuku 3 0 3 8
HUK 534 Türk İş Hukukunda Arabuluculuk 3 0 3 8
HUK 535 Türk İş Hukuku ve Mukayeseli Hukuk Bağlamında Uzaktan Çalışma 3 0 3 8

Visit the curriculum page.

Course Contents

HUK 500-O Seminar

The seminar course aims to prepare the results of the research that the student will follow by the methods of scientific research at the graduate level by using presentation preparation methods and developing presentation skills. Firstly, students will be informed about the selection of the seminar topic, and the presentation topics will be determined together with the student. Later, Students will research different topics, prepare presentations, and make presentations in front of a group. With the active participation of students, besides regular lecturing, research, production, and discussion, methods will be used.

HUK 501-O Scientific Research Techniques and Publication Ethics

To provide students with knowledge about methods and techniques of scientific research. In a study using Scientific Research Method, what should be done, how to proceed, how to identify the problem, how to determine the correct method for the research, how to develop the test materials, how to transfer the references, and how the results will be discussed and how to find the results. Analysis of various articles about the development of research methodology. Publication Ethics, Education and Ethics, Ethical Justification and Basics.

ELECTIVE COURSES

HUK 503-O European Union Consumer Law

The Council of the European Union has adopted several directives to protect consumers. As all of these directives have been transposed by the EU member states into domestic law, many legal arrangements have been made in Turkey to harmonize the legal agreements in consumer law with the EU. For this purpose, the law on the Protection of Consumers No. 6502 and various regulations was enacted to implement the law. Therefore, in this course, the legal rules adopted by the EU for consumer protection will be examined comparatively with Turkish law.

HUK 504-O Protection of Employees' Personal Data

In this course, legislation and practices related to the protection of personal data in general and the identity, address, ethnicity, physical characteristics, health, education, work status, and individual or family life of the employees will be examined.

HUK 505-O Current Issues of Arbitration Law

Many problems with arbitration law have been resolved over time. However, in addition to the unchanging problems of developing arbitration law, some issues arise in light of developments. This course aims to examine current problems related to developing arbitration law.

HUK 506-O ICC Arbitration and Implementation

In this course, students will focus on how disputes are resolved by the arbitration method before the International Chamber of Commerce (ICC) Arbitration Court, which is not generally emphasized during the undergraduate period but has profound importance in the resolution of international commercial and investment disputes today. The course will cover the functioning of arbitration over the ICC Arbitration Rules and examine international arbitral awards and related court decisions.

HUK 507-O International Procedural Law

The acquisition and loss of Turkish citizenship, the evaluation of issues related to the legal regime applied to foreigners, and citizenship law, within the scope of private international law will be examined. Additionally, this course will explore the general principles that dominate personal international law, the rules to be applied in conflict of laws related to relations with foreign elements, and global procedural law issues such as international jurisdiction, recognition and enforcement of foreign courts, and arbitral awards.

HUK 508-O The Public Activities of Private Entities

In Turkish law, legal transactions made by private law legal entities, such as public law legal entities, are also accepted as administrative transactions if they contain the privilege of public power. Therefore, thelegal nature of the transactions made by some private law legal entities that have been given general duties will be examined in this course.

HUK 509-O Intellectual Property Law

In this course, the concept of "intellectual and industrial property" will be defined with its essential features, and the differences between intellectual and industrial property will be discussed. This framework will examine introductory provisions of Turkish IP legislation regarding trademark, patent, design, and copyright.

HUK 510-O International Commerce Law

This course aims to teach students the basic principles and theories of International Business Law. Topics to be covered in this course include international commercial risks, lex mercatoria, CISG, Letters of Credit, Bank Letters of Guarantee, International Commercial Terms, and Documents.

HUK 511-O Joint Stock Company Law

In this course,  issues regarding the Joint Stock Company Law, including the judicial decisions on the subject, from the establishment of the joint-stock company to its dissolution, the working procedures and principles of the company organs to the commercial books and reports to be prepared by the joint-stock companies, the structure change models such as mergers, divisions, such problems as change of type, liability, from issuance of share certificates to share transfers, the right to obtain and review information from the company's audit will be discussed.

HUK 512-O Anonymous Contracts

This course will examine innominate contract types that are not regulated in the Turkish Code of Obligations and fundamental issues about these contracts. Emphasizing frequently encountered innominate contracts in practice, this course will present differences between innominate agreements and similar contracts regulated in the Code.

HUK 513-O Union Rights

In this course, the historical development of the right of the union, positive and negative union freedom, and trade union assurances, such as union law concepts and institutions related to Turkish Labor Law, International Agreements, and German Law, in particular, is aimed at examining. In this framework, students who are successful in the course are expected to do research using the library and electronic databases, systematize the resources found, and use research methods in the frame of scientific ethics by using citation methods.

HUK 514-O Basic Principles of Air Law

This course will discuss the formation of the air law, the historical development process, and the current point. After that, the primary sources of air law and the international and national characteristics of these sources will be examined. Finally, considering the international and national aspects of air law, the relationship between the international conventions providing the formation of air law and the civil aviation legislation of the countries will be determined. Thus, in the context of international law, the basic principles determined by the contracts related to air law will be examined, and in the context of comparative law, civil aviation legislation of foreign states will be compared within the scope of the basic principles of air law.

HUK 515-O Current Issues in Enforcement and Insolvency Law

Execution and Insolvency Law is one of the most exciting law fields today. The amendments to the Execution and Insolvency Law are carried out. In addition, a new regulation on concordat has been recently adopted. This course aims to examine current problems related to Execution and Insolvency Law.

HUK 516-O Copyright Law

In this course, the Draft Amendment of the Code on Artistic and Intellectual Works with no. 5846 and The Directive on Copyright in the Digital Single Market ("EU Copyright Directive") will be comparatively examined.

HUK 517-O Activities of the Administration Subject to Private Law

The legal relations established by the administration within the framework of equal rights and obligations with the private law persons will be discussed, especially within the scope of the contracts of the administration subject to personal law. In addition, how industrial and commercial public services are carried out will have an essential place in the course content.

HUK 518-O Current Developments in Private International Law

This course aims to evaluate the developments in Turkish Private International Law in parallel with the results in private law with foreign elements, comparative law, and especially in European Union and US Private International Law.

HUK 519-O International Investment Law

This course aims to teach the sources and development of international investment law and evaluate international investment dispute resolution methods in current problems. In this context, the cases regarding investment disputes to which Turkey and Turkish investors are parties will be investigated in our lesson. Topics to be covered in this course include mediation and arbitration of international investment disputes, particularly issues related to the ICSID arbitration, problems in the ICSID arbitration proceedings, and enforcement of the ICSID arbitral awards.

HUK 520-O Assurance Law

This course will examine personal guarantees afforded to assure obligees, such as surety, guarantee contracts, pecuniary warrants, and especially letters of guarantee.

HUK 521-O Current Issues of Competition Law

Competition law is a branch of law that is essential for the functioning of the market economy. This course will discuss subjects such as the concept of competition law, its framework, goals, features, and structure, market definition and analysis, cartels, agreements, and differences in competition systems in the world. Furthermore, in this framework, current discussions, developments, and analyses of practical events in the world and Turkey regarding competition law and economics will be discussed. Thus, it will be ensured that those who take the course offer solutions to the current legal problems encountered in practice.

HUK 522-O Foundation Law

This course will examine provisions of the Turkish Civil Code regarding charitable foundations and Foundations Law provisions. Emphasizing the fundamental issues about new and old foundations, the differences between those will be presented.

HUK 523-O Contribution of Ethical Theories in Legal Argumentation

This course will discuss the structural relationship between ethics and law rather than superficial discussions. In the first four weeks, it will be put forward as a problem of the possibility of being ethical for a human being in current scientific developments, especially connectome and artificial intelligence. In the second 4 weeks, the most accepted Utilitarian, Kantian, Virtue Ethics (Aristotelian), and Religious, ethical theories will be discussed respectively in terms of their roles in our choices and the way they shape our behaviors, and it will be determined how effective they are in legal decisions. Finally, in the remaining weeks, the students participating in the course will be expected to analyze the findings that show the guiding role of ethical thinking in concrete court decisions or that contain argumentation away from moral considerations. Thus, students will be able to comprehend the various and complex forms of the relationship between ethics and law, and the ability of students to produce more equitable solutions and reach decisions will be developed.

HUK 524-O International Commercial Arbitration Law

This course covers the development of International Commercial Arbitration. International Commercial Arbitration is one of the most frequently used dispute resolution methods in resolving international commercial disputes. With the increase in globalization and global trade, commercial arbitration has developed, and many international agreements have been made in this field and these have directly affected local legislation. In this course, information and main sources about the history of international commercial arbitration will be taught current issues will be discussed and a moot application of arbitration will be held.

HUK 525-O Public-Private Partnership (PPP Contracts)

The students in this course will evaluate the projects made with the cooperation of public administrations and the private sector in the light of international law and Turkish law provisions, opinions put forward in the doctrine, and court decisions.

HUK 526-O Marital Property Regimes

Within the scope of the course, marital property regimes, which is one of the main subjects of Civil Law and regulated within the scope of family law relations in the second book of the Civil Code, are discussed. In this context, important issues such as legal marital regime and contractual/elective property regime, separation of property regime, more specifically entitlement, dissolution, and division in the marital property regime of participation in acquired property are examined.

HUK 527-O Electronic Communications Law

In this course, basic principles in the electronic communication sector, licensing, application to the competent authorities, competition, personal data processing, regulation and supervision mechanisms in the sector, consumer rights, communication services, communication resources and infrastructure, network and service areas, procedures and principles for technological development in the sector will be dealt in the context of administrative law.

HUK 528-O Capital Market Law

In this course, the fundamentals of capital market operations and the principles of the regulations on the protection of investors will be discussed. In this context, capital markets will be introduced and compared with other markets, and the legal nature of intermediaries trading in these markets and capital market instruments traded in these markets will be discussed. In addition, the administration, the Capital Markets Board, its duties, and decisions will be examined.

HUK 529-O Children Law

In this course, the concept of the child will be defined, and basic issues such as the place of the child in legal systems throughout history and in today's legal system, the capacity to have rights and capacity to act, the protection of the personality rights of the child, the child's paternity, adoption, and the protection of the child through guardianship will be discussed. In addition, the constitutional rights of the child will be examined and issues such as the work of children and the rehabilitation of juveniles pushed into crime will be explained.

HUK 530-O Public Procurement Contracts

Contracts are drawn up as a result of tenders by institutions and organizations subject to the Public Procurement Law. In this course, the scope of public procurement contracts, contract types, contract implementation, prohibitions, and responsibilities will be discussed. In addition, it is aimed to discuss the current issues related to the contracts of the administration.

HUK 531-O Energy Law

Contracts are drawn up as a result of tenders by institutions and organizations subject to the Public Procurement Law. In this course, the scope of public procurement contracts, contract types, contract implementation, prohibitions, and responsibilities will be discussed. In addition, it is aimed to discuss the current issues related to the contracts of the administration.

HUK 532-O Check Law

In this course, the basic legal regulations regarding checks, which are a type of negotiable instruments, will be examined, and subjects such as the concept of the check, issuance of checks, circulation of checks, payment of checks, and consequences of non-payment of checks will be discussed. In addition, legislative studies related to electronic checks will be examined.

HUK 533-O Trademark Law

In this course, general provisions and basic principles regarding trademark law will be discussed within the framework of the provisions of the Industrial Property Law No. 6769. In this context, the definition of the trademark, the signs that can be trademarks, the trademark registration processes, and the relative and absolute grounds for the rejection of trademark applications will be examined. In addition, the relationship between trademark law and unfair competition law will be examined in the course.

HUK 534-O Alternative Dispute Resolution Methods in Labor Law

In this course, the aim is to comparatively examine the types of disputes that may arise in individual and collective labor law and the existing and potential legal problems related to the resolution of these disputes, within the framework of alternative dispute resolution methods.

HUK 535-O Turkish Labor Law and Telecommuting in The Context of Comparative Law

In this course, the issue of remote work, which has been on the agenda recently will be discussed within the framework of the Labor Law, the Turkish Code of Obligations, the Remote Working Regulation, and relevant legislation. In this context, the rights and obligations of the worker and the employer in case of remote working will be examined and the social security rights of the worker in case of remote working will be discussed.

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