Bölüm Web Sitesi

GRADUATE PROGRAMS IN PRIVATE LAW
(TEZLİ)

Her bir dönem ayrı ayrı olmak üzere Ders, Tez veya Proje kredileri ile AKTS kredi bilgilerini tablo olarak,

a) Tezli yüksek lisans programı toplam yirmi bir krediden az olmamak koşuluyla en az yedi ders, bir seminer dersi ve tez çalışmasından oluşur. Seminer dersi ve tez çalışması kredisiz olup başarılı veya başarısız olarak değerlendirilir. Tezli yüksek lisans programı bir eğitim-öğretim dönemi 60 AKTS kredisinden az olmamak koşuluyla seminer dersi dahil en az sekiz ders ve tez çalışması olmak üzere toplam en az 120 AKTS kredisinden oluşur.

b) Tezsiz yüksek lisans programı toplam otuz krediden ve 60 AKTS’den az olmamak kaydıyla en az on ders ile dönem projesi dersinden oluşur.

Total Credits: 24
Total ECTS: 128

COURSE DESCRIPTIONS

I. Core Courses:

LAW 579 Graduate Seminar (0+1+0) 0 ECTS 4
Seminars designed to widen the understanding of students on academic research methods, common citation styles, research planning, publication ethics, oral presentation methods, thesis planning through written assignments and oral presentations.
Prerequisite: -

LAW 690 Master's Thesis (0+0+0) 0 ECTS 60
Master's Thesis
Prerequisite: -

II. Elective Courses:

LAW 551 Artificial Intelligence Law and Policy (3+2+0) 3 ECTS 8
Definition of Artificial Intelligence (AI). AI as a regulatory target. Regulating AI. AI principles. AI ethics. Trustworthy AI. Risk-based regulation. AI and privacy. AI and intellectual property. National strategies. EU AI Act. The work of Council of Europe.
Prerequisite: Consent of the instructor.

LAW 552 Fundamentals of Technology Policy and Regulation (3+2+0) 3 ECTS 8
Regulation theory. Regulatory approaches. Regulatory instruments. Regulatory targets. Law and regulation. Policy and regulation. Regulation and enforcement. Internet regulation. Technology policy.
Prerequisite: Consent of the instructor.

LAW 553 Data Law and Governance (3+2+0) 3 ECTS 8
Definition of data. Data as a legal subject. Rights on data. Law on raw data. Data protection law. Intellectual property on data. Databases. EU data governance framework.
Prerequisite: Consent of the instructor.

LAW 554 UK Contract Law (3+2+0) 3 ECTS 8
Introduction to common law concepts. Formation of contract. Objective and subjective agreement. Intention to be bound. Offer and acceptance. Incomplete contracts. Consideration and promissory estoppel. Formality requirement. Terms of a contract. Interpretation of contracts. Standard clauses. Good faith. Mistake. Misrepresentation. Duress. Undue influence. Unconscionability and inequality of bargaining power. Frustration and impossibility. Force majeure. Breach of contract. Termination of contract. Claim for damages. Specific performance. Contract privity. Effects of contract on third parties.
Prerequisite: Consent of the instructor.

LAW 555 Competition Law and Practice (3+2+0) 3 ECTS 8
Historical development of the competition law. The concept of undertaking. Concepts of monopoly and oligopoly. Agreements, decisions and concerted practices. Market definition. Market power. Barriers to entry. Article 101 of the Treaty on the Functioning of the European Union (TFEU). Horizontal and vertical agreements. Article 102 of the TFEU. Hub and spoke cartels. Dominant position. Abuse of dominant position. Collective dominance. De minimis doctrine. Merger and acquisition. Relationship between intellectual property rights and competition law.
Prerequisite: Consent of the instructor.

LAW 556 Comparative Consumer Law (3+2+0) 3 ECTS 8
Development of consumer movements. Code on Consumer Protection. Sources of consumer law in the EU. Terms of consumer contract. Defective goods and services. Unfair terms. Consumer credit and housing finance contracts. Off-premises contracts. Distance contracts. Timeshare vacation and long-term holiday service contracts. Package tour contracts. Subscription contracts. Commercial advertisement and unfair commercial practices. Consumer arbitration board – consumer court. Administrative inspections and sanctions. Actions for non-pecuniary damages. Claims other than non-pecuniary damages. Collective redress. Product liability. Consumers’ access to justice in the EU.
Prerequisite: Consent of the instructor.

LAW 557 Regulation and Competition in Network Industries (3+2+0) 3 ECTS 8
Definition of network industries. General principles of regulation. Competition in network industries. Energy markets. Transportation. Telecommunications. Digital markets. Other network industries. Privatization. Regulatory authorities.
Prerequisite: Consent of the instructor.

LAW 558 Comparative Corporate Governance (3+2+0) 3 ECTS 8
The history of corporate governance. Basis for corporate governance. Shareholders. Intermediaries. The board. The structure of the board. Board diversity. Management. Executive compensation. Directors’ duties. Disclosure and transparency. Business and human rights. Sustainability. Digital technologies and corporate governance.
Prerequisite: Consent of the instructor.

LAW 559 Comparative Company Law (3+2+0) 3 ECTS 8
Economic analysis of company law. History of company law. Approaches towards comparative company law. Companies in a global market. The law applicable to companies. Company types. Essential elements of company law. Incorporating the company. The capital. Classification of shares. Shareholders rights. Shareholder meetings. Shareholder duties. Corporate groups. Merger and acquisitions.
Prerequisite: Consent of the instructor.

LAW 560 Patent Law (3+2+0) 3 ECTS 8
Definition of invention, patent and utility model. Regulation of patent rights. Patentability of inventions. Patent registration. Inventorship and patent ownership. Employee inventions and patent ownership. Scope of patent protection. Patent infringement. Invalidity of patent rights. Licensing and transfer of patent rights. Compulsory licensing.
Prerequisite: Consent of the instructor.

LAW 561 Design Law (3+2+0) 3 ECTS 8
Definition of design. Regulation of registered and unregistered design rights. Protection of designs under copyright law. Registration of design. Ownership of design rights and employee designs. Scope of the registered design rights. Protection of unregistered designs. Infringement of design rights, invalidity of design rights. Licensing and transfer of design rights.
Prerequisite: Consent of the instructor.

LAW 562 Trade Mark Law (3+2+0) 3 ECTS 8
Historical development of trade mark use and trade mark rights. Economic analysis of trade mark rights. National, international and regional (EU) regulations about trade mark rights. Definition of trade mark and trademarkable signs. Types of trade mark. Registration procedure of trademark. Absolute grounds for refusal. Relative grounds for refusal. Scope of trade mark protection. Trade mark infringement (conditions, actions). Revocation and invalidity of trade mark. Licensing and transfer of trade mark rights.
Prerequisite: Consent of the instructor.

LAW 563 Mediation Law (3+2+0) 3 ECTS 8
Alternative dispute resolution methods. Definition and history of mediation. Concept and fundamental principles of mediation. The role of mediation in procedural law. Mandatory mediation. Voluntary mediation. Application process to mediator. Mandatory mediation for commercial disputes. Mandatory mediation for labour disputes. Mandatory mediation for consumer law. Mediation in family law. Rights and responsibilities of mediator. Responsibilities of parties in mediation.
Prerequisite: Consent of the instructor.

LAW 564 Online Dispute Resolution (3+2+0) 3 ECTS 8
Concept and function of Online Dispute Resolution (ODR). ODR in comparative law. ODR in the European Union. ODR platforms. Impediment to usage of ODR technology. Challenge to the decisions rendered in ODR. Relationship between ODR and access to justice. Relationship between ODR and rule of law. ODR, culture and “non-traditional” dispute settlement. Effects of ODR on cultural interaction. ODR and e-commerce. ODR and consumer protection. Online negotiation. Online mediation practises. Online arbitration. Blockchain based dispute resolution.
Prerequisite: Consent of the instructor.

LAW 565 Alternative Dispute Resolution (3+2+0) 3 ECTS 8
Conflicts, disputes and dispute resolution. Concept and function of Alternative Dispute Resolution (ADR). ADR in comparative law. Main methods of ADR. Negotiations/round table discussions. Mediation. Mandatory mediation. Mediation-Arbitration (Med-Arb). Arbitration. Online Dispute Resolution. Blockchain based dispute resolution.
Prerequisite: Consent of the instructor.

LAW 566 International Investment Law (3+2+0) 3 ECTS 8
Key concepts and sources of international investment law. Historical development of protection of foreign investments. ICSID Convention, bilateral and multilateral investment treaties, free trade agreements with investment sections. Domestic laws on foreign investments. Investor-State contracts. Jurisdiction and admissibility before the investment tribunals. Substantive standards of protection: international minimum standards of treatment, national treatment, fair and equitable treatment, most favoured nation clauses, rules on expropriation, full protection and security. Investor-State dispute settlement (ISDS), ICSID arbitration. Limits to investment protection: police powers and State’s right to regulate. Human rights and investment protection. ISDS reform and UNCITRAL Working Groups. Contemporary challenges and legitimacy crisis of ISDS.
Prerequisite: Consent of the instructor.

LAW 567 Introduction to International Arbitration (3+2+0) 3 ECTS 8
Characteristics and elements of international arbitration. Comparison of international arbitration to other methods of dispute resolution. Arbitration agreement. The difference between international commercial and investment arbitration. Arbitrability in major jurisdictions. Choice of law. Procedural rules. Recognition and enforcement of foreign arbitral awards. Non-recognition and annulment of the award. International conventions governing international arbitration (New York Convention of 1958, ICSID Convention, UNCITRAL Model Law). International arbitration in Türkiye . Major arbitral institutions and procedural rules. Hybrid dispute resolution fora. Recent trends and contemporary challenges in international arbitration.
Prerequisite: Consent of the instructor.

LAW 590-599, 59A-59Z Special Topics in Private Law (3+2+0) 3 ECTS 8