Ph. D. in Private Law (in Turkish)

Prof. Dr. Yeliz Bozkurt Gümrükçüoğlu

Ibn Haldun University Ph.D. in Private Law program aims to educate scientists and practitioners who can offer qualified and new approaches, consider developments in the world and assert unique opinions in the field. For this reason, it aims to study the following lots and sub-branches of these areas.

• Civil Law
• Fundamental Concepts of Civil Law
• Law of Persons
• Family Law
• Property Law
• Inheritance Law
• Commercial Law
  • Law of Commercial Enterprise
  • Company Law
  • Negotiable Instruments Law
  • Maritime Law
  • Insurance Law
  • Law of Capital Markets
  • Banking Law
• Labor and Social Security Law
  • Individual Labor Law
  • Collective Labor Law
  • Social Security Law
• International Private Law
• Law of Contracts and Torts
  • General Provisions of Contracts Law
  • Special Provisions of Contracts Law
• Law of Civil Procedure
• Execution and Bankruptcy Law
• Consumer Law
• Warranty Law
• Intellectual Property Law
• Information Technologies Law
• International Commercial Law
• Investment Law
• Arbitration Law

HUK 600 Seminar

The seminar course aims to prepare the research results that the student will follow following 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, discussion, methods will be used.

HUK 601 Research Methods 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 602 Non-Pecuniary and Pecuniary Guarantee Law

In this course, the general principles of the law of guarantee, the types of guarantee in Turkish law, the legal nature and characteristics of non-pecuniary and pecuniary guarantees, the provisions of guarantee agreements, and the current legal problems of the law of guarantee in practice and judicial decisions will be discussed in detail.

HUK 603 Current Issues in Consumer Law I

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 arrangements in the field of consumer law with the EU. For this purpose, the law on the Protection of Consumers No. 6502 and various regulations were enacted for the implementation of the law. In this course, the legal regulations adopted by the EU for the protection of the consumer will be examined comparatively with Turkish law.

HUK 604 Freedom of Union and Union Rights

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

HUK 605 Testamentary Disposition and Reduction

In this course, one of the most important subjects of inheritance law, the subject of testamentary dispositions will be examined. In this context, the types of testamentary dispositions, substantial and formal features, and reduction of testamentary dispositions will be discussed in detail in light of the problems arising in practice and current judicial decisions.

HUK 606 Current Issues in Consumer Law II

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 arrangements in the field of consumer law with the EU. For this purpose, the law on the Protection of Consumers No. 6502 and various regulations were enacted for the implementation of the law. In this course, the legal regulations adopted by the EU for the protection of the consumer will be examined comparatively with Turkish law.

HUK 607 Current Issues in Private International Law

This course aims to evaluate the developments in Turkish International Private Law in terms of foreign law concerning comparative court decisions and comparative law. The topics to be examined in this course include international family law, international conventions and law applied to non-contractual relations, and international inheritance law.

HUK 608 International Investment and International Investment Arbitration

This course aims to teach the sources and development of international investment law and to evaluate international investment dispute resolution methods in terms of 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, and in particular, issues related to the ICSID arbitration, problems in the ICSID arbitration proceedings, and enforcement of the ICSID arbitral awards.

HUK 609 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 problems arise in the light of developments. This course aims to examine current problems related to developing arbitration law.

HUK 610 Current Issues in Enforcement and Insolvency Law

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

HUK 611 Intellectual Property Law I

The protection of intellectual property rights under the European Union Law has an important place in the acquis communautaire. In this context, various directives and regulations on intellectual property are applied in EU Law. Even though our country is not a member of the EU, these regulations affect our law when the Customs Union and the EU membership process are taken into consideration. Within this framework, regulations such as the Information Society Directive, Implementation directive, and decisions of the community court about these regulations and comparative examination of Turkish intellectual property rights constitute the course content.

HUK 612 Intellectual Property Law II

The protection of intellectual property rights under the European Union Law has an important place in the acquis communautaire. In this context, various directives and regulations on intellectual property are applied in EU Law. Even though our country is not a member of the EU, these regulations affect our law when the Customs Union and the EU membership process are taken into consideration. Within this framework, regulations such as the Information Society Directive, Implementation directive, and decisions of the community court about these regulations and comparative examination of Turkish intellectual property rights constitute the course content.

HUK 613 Effect of Technological Developments on Labor Law

In this course, the comparative analysis of the current issues arising from technological developments, particularly the effects of personalized internet access in the workplace, social media sharing of the workplace, electronic surveillance applications, the right not to be reached out of business hours, and the effects of the Personal Data Protection Law on labor law, are aimed to be discussed.

HUK 614 Personal Data Protection of Employees

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 615 Atypical Employment Contracts

In this course, the types of employment such as the fixed-term employment contracts, partial-term employment contracts, remote work, etc, which are out of the typical form of employment as employment contracts for an indefinite duration or full-time employment contracts, are aimed to examine comparatively in the context of Turkish Labor Law and European Union Labor Law and to discuss the advantages and disadvantages of this type of employment against typical employment.

HUK 616 Activities of Administration under 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 private law. In addition, how industrial and commercial public services are carried out will have an important place in the course content.

HUK 617 Fundamental Principles of Air Law

In this course, the formation of the air law, the historical development process, and the current point will be discussed. After that, the main sources of air law and the international and national characteristics of these sources will be examined. 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 618 Law of Charities (Foundations)

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

HUK 619 Public-Private Partnerships (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 620 Notification Law

This course aims to give general information about the law of notifications, which is the starting point for the solution of the legal dispute. It is vital that the details of the notification process have to be dealt with since this is an overlooked subject in undergraduate studies.

HUK 621 Innominate Contracts in Law of Obligations

In this course, innominate contract types which are not regulated in the Turkish Law of Obligations and fundamental issues about these contracts will be examined. Emphasizing frequently encountered innominate contracts in the practice, this course will present differences between innominate contracts and similar contracts regulated in the Code.

HUK 622 Law of Limited Liability Companies

Limited Liability Companies (LLC) is the most preferred company type used in commerce. Its unique structure, advantages, and problematic fields relating to legal provisions and case law will be dealt in the sake of the course.

HUK 623 Current Issues in Competition Law

Competition law is a branch of law that is essential for the functioning of the market economy. In this course, 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 will be discussed. In this framework, current discussions, developments, and analyzes of practical events in the world and Turkey regarding the fields of 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 624 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 625 Comparative Energy Law in EU I 

The main goal of this course is to teach the students how to analyze the fundamentals of energy law, regulator institutions of the energy sector, and international agreements. During the course, the current status of the energy sector and its development in Turkey and the European Union in addition to the oil market, electricity market, and natural gas market will be examined within the framework of fundamental legal regulations.

HUK 626 Comparative Energy Law in EU II

Based on the development process of the energy market and relevant regulations in the EU, this course will examine the launching of the Turkish energy market for competition. In this sense, the administrative structure of the Energy Market Regulatory Board, its operation, the legal character of its decisions, and remedies against its decisions will be scrutinized. The course includes main discussions regarding market models, market activities (production/transmission/distribution/supply ext.) and players, the practice of competition law regulations in the energy market, and dispute resolution methods in the energy market within the framework of domestic law and EU regulations.

HUK 627 Guarantees and Suretyship Contracts

In this course, personal guarantees and suretyship contracts assuring credits of creditors will be examined. Within this context, conditions and provisions of collateral contracts will be evaluated and the judicial practice in Turkish law will be explored.

HUK 628 Electronic Communication 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 629 Current Issues in Commercial Law

In this course, critical and current issues under newly enacted legislation and case law relating to commercial law, specifically, general principles, the law of companies, the law of insurance, the law of land transportation, the law of sea commerce, and the law of negotiable instruments will be examined.

HUK 630 ADR in Labour 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.