At the end of this course, the students; 1) Able to explain the basic matters of conflicts of laws. 2) Define the term of foreign element. 3) Categorize types of conflict of laws. 4) Interpret the conflict of law rules. 5) Identify the general problems of conflict of laws. 6) Identify the concepts of characterization, interpretation of connecting factor, renvoi and preliminary problem. 7) Interpret order public and mandatory rules. 8) Identify the law applicable to the form of legal transactions and period of limitation. 9) Identify the certain problems of conflict of laws. 10) Identifies the conflict of law rules on the law of persons and family law s in Turkish International Private and Procedural Act. 11) Identifies the rules applicable to inheritance. 12) Identifies the rules applicable to contractual obligations. 13) Identifies the rules applicable to torts. 14) Will be able to explain the basic matters of international jurisdiction. 15) Identifies the fundamental characteristic and main principles of international jurisdiction. 16) Explains the concepts of international jurisdiction, judicial power and immunity on trial. 17) Will be able to identify the basic problems of international jurisdiction. 18) Identifies the authorized court in a dispute that involves a foreign element. 19) Interprets the international prorogation agreements. 20) Explains the recognition and enforcement of foreign judgments and arbitral awards. 21) İdentifies the rules which are applied to unjust enrichment.
MODE OF DELIVERY
Face to face
PRE-REQUISITES OF THE COURSE
No
RECOMMENDED OPTIONAL PROGRAMME COMPONENT
None
COURSE DEFINITION
The basic concepts of conflict of laws and in Turkish Private International Law; binding rules, international judgment of Turkish Courts, recognition and exequatur of foreign court decisions in Turkey will be explained.
COURSE CONTENTS
WEEK
TOPICS
1st Week
The basic characteristic and types (internetional-interlocal-interpersonal-intertemporal) of conflict of laws
2nd Week
The distinction between conflict of laws and international jurisdiction law-The relation between conflict of laws and other branchs of law-The sources of conflict of laws
3rd Week
The therotical and methodical improvement of conflict of laws- The application of foreign law- The improvement of Turkish conflict of laws- The systematic analysis of MÖHUK
4th Week
The distinction between the conflict of law rules and substantive rules- The structure of conflict of laws rules
5th Week
The problem of classification- The problem of renvoi
6th Week
Fragus legis- Adaption- Vorfrage
7th Week
Conflict mobili- The law applicable to form of legal transactions- The law applicable to prescription- The law applicable to competency
8th Week
Midterm Exam
9th Week
The analysis of the conflict of law rules related to law of persons and family law in MÖHUK
10th Week
The law applicable to inheritance and legal rightes
11th Week
The law applicable to contractual obligations
12th Week
The law applicable to torts and unjust enrichment- The general analysis of international jurisdiction lew- International jurisdiction
13th Week
The international jurisdiction in the cases related to personal situations of Turkish citizens, some cases related to personal situations of foreignres and cases related to inheretance- Jurisdiction aggrements- Warranty
14th Week
Immunity on trial- The recognition and enforcement of foreign judgements- International commercial arbitration- The recognition and enforcement of foreign judgements and arbitral awards
RECOMENDED OR REQUIRED READING
Çelikel, Aysel/Erdem, B.Bahadır: Milletlerarası Özel Hukuk, 17. Baskı, İstanbul 2021. Nomer, Ergin/Şanlı, Cemal: Devletler Hususi Hukuku, 23. Baskı, İstanbul 2021. Tekinalp, Gülören: Milletlerarası Özel Hukuk, 13. Baskı, İstanbul 2020. Aybay, Rona/Dardağan, Esra: Yasaların Uluslararası Düzeyde Çatışması (Kanunlar İhtilafı), 2. Baskı, İstanbul 2008. Doğan, Vahit: Milletlerarası Özel Hukuk, 8. Baskı, Ankara 2022. Güngör, Gülin: Milletlerarası Özel Hukuk, 2. Baskı, Ankara 2021.
