Law

As a part of this topic; the principles, on the basis of which the constitutions that determine the regime of states, regulate the rights and freedoms of individuals and serve as the constitutive law of countries, are explained, and the various constitution systems that are currently used are studied and analyzed and are discussed through a comparative perspective. Also analyzed are the historical development of Turkish Constitutional Law since Kanun-u Esasi (Ottoman Constitution of 1876/ Ottoman Basic Law of 1876) and the fundamental principles of the Constitution of 1982, which is currently in force, the relations among the organs that ensure the democratic government of the state, and the organization and the functioning of the Constitutional Court.

The protection and development of the inalienable and non-assignable rights, to which each person is entitled, has become a matter, on which emphasis is put most by both the domestic rules of law and the international law. Given the importance of the matter; this topic covers the scope of the fundamental rights and freedoms, which the individuals in the society have, the historical development of the concept of human rights and the state of the same in the current century are assessed, and the national and international regulations that secure human rights are addressed and deliberated.

In the field of International Law; such topics as the definition and elements of states and international organizations, the principles that govern the relations between and among the parties of the international law, and the obligations of states toward other states, international organizations and natural persons that arise out of the international law are studied. Also studied within this scope are the horizontal relations between and among natural persons and/or legal entities of different nationalities and their vertical relations with states. The scope of this field further covers the structure, institutions and the legal acquis of international organizations and in particular, the European Union. The topics of study in the field of International Law include International Commercial Arbitration and International Environmental Law as well as the fundamental principles of Anglo-American law, Common Law Theory and Law of Contracts.

In the field of law of obligations; the concepts of obligation and obligation relation, the sources of obligation, legal transactions, the drawing up of contract, the form of the same, the conditions of validity of the same and the matters of representation are explained, and contingent liabilities, penal clause, special cases in such obligation relations such as the assignment of receivables and transfer of liabilities, and the termination of the obligation relation are addressed and deliberated. In addition to legal transactions; the major topics studied within the scope of the law of obligations also include torts, cases of absolute liability, unjustified enrichment and acting without authority, default regarding non-performance of or failure to properly perform the obligation, defective performance, and obstacle to perform such as impracticability. Beside the topics of general nature of the law of obligations; given the importance of contracts in that regards, the types of contracts provided and not provided (innominate) within the specific provisions of the Code of Obligations.

The field of study of Law of Persons is comprised of natural persons and legal entities. The natural persons are the actual individuals. The legal entities are the groups of persons or properties with certain characteristics. The scope of family law is comprised of the rules that govern the relations of persons within the family circle. The family law also regulates and governs how an organization that is under the state control and devoted to the juveniles, who lack the protection of a normal family order, or adults, who are in need of protection, i.e. the guardianship organization should function.

Goods and services are usually released to the market not by way of direct sales or provision by the producer to the customers but through the contracts executed thereby with the elements of the distribution chain. In the field of contracts of market release; the market release contracts executed between the producer, provider or the franchiser and the dealer, exclusive distributor or the franchisee are studied and analyzed, and also agency, know-how and licensing contracts are lectured.

The security of data and the protection of personal data have become vitally important in line with technological advancements. In this field; the concept of personal data, the question of the protection of personal data, the definition of personal data and sensitive data, the legal nature of personal data, the protection of personal data and the protection facilities are analyzed.

The differentiation between commercial business and unincorporated business is of critical importance in the case of disputes that arise out of private law as the provisions applicable for the dispute varies depending on whether or not it is related to a commercial or an unincorporated business. The scope of the course, titled the Law of Commercial Enterprises, covers the fundamental information necessary to distinguish one from the other. The Company Law, being the second pillar of this field, studies the unincorporated companies and the trading companies, being the most important elements of trade, are discussed, and the establishment, operation and termination of companies are studied. In the Law of Commercial Papers as regulated within the third volume of Turkish Code of Commerce; the fundamental principles of the commercial papers that accelerate the functioning of trade and the characteristics of bills of exchange are addressed and deliberated. In the Maritime Law, which is provided within the fifth volume of Turkish Code of Commerce; such topics as the ship, the marine transport, binding rules and collision are addressed and deliberated. The structure and operation of banks, being the strongest commercial actor of the modern world, and the place of the same within Turkish Law are discussed and analyzed within the scope of the course, titled Banking Law. The main topics studied within the framework of the Capital Market Law, being another sub-branch of Commercial Law, include the stock exchage, public companies, securities, derivatives, intermediary activities and portfolio management.

The criminal law is the legal discipline that studies the acts and actions that are considered as offense (crime), and punishment, being the type of sanction provided by the law in consideration of offense. In the field of Criminal Law; the crime, the elements of crime, the special forms of committal of crime, the punishment, being the most severe sanction in the rule of law and other criminal security measures as well as the special types of crime are studied. The criminal procedure, which represents the procedure between the allegation of the committal of a crime and the the resolution of such allegation through a final court judgment, is also another topic of study in this field. Criminology, which means the "science of crime", discusses and studies the definition of crime and criminal, the characteristics and physical features of the criminals, the psychology of criminals and various factors that cause the committal of crime. IT Crimes discusses and studies the crimes, the number of which has increased in line with the technological advancements, and which are committed through the employment of IT systems. International Criminal Law is a branch of the criminal law that has developed upon the change in the conception that the state enjoys absolute sovereignty as to the creation of crime and penalization and the exclusion of the penalization of certain crimes from the exclusive jurisdiction of states. In this field; such special types of crime such as war crimes and crimes against humanity, the duties of the International Criminal Court and the developments in the criminal law in international domain are discussed and studied. In the course, titled Forensic Medicine; the knowledge that would facilitate the comprehension of the reports that require technical knowledge in relation to such crimes as homicide, injury and sexual assault and that are about the facts to be proven through the course of criminal procedure.

In this field; such topics as the importance of the IT law, the execution of contracts through the Internet, electronic commerce, electronic signature, intellectual property rights o the Internet, domain names, IT and personal rights, the types of crime that have emerged upon the advancements in the field of IT, online publishing and international law, the responsibilities in the field of the Internet, the IT law and data security, the procedure applicable for case of infringement of rights and barring of access are lectured.

In this field; generally, the methods and procedure of claiming a right related to the private law, which is violated, through the state courts are discussed and studied. In this context; such topics as the duties and powers of courts, filing of legal action, the methods and procedure of proof through the course of a case, the principles of trial before the courts of first instance, such off-court dispute resolution methods as mediation and arbitration, and the legal remedies available for the decisions of the courts of first instance (appeal before courts of superior degree) are discussed and studied. In the field of Enforcement Law; the methods and procedure of collection of receivables, which are not paid voluntarily on time by the respective debtor, through the compulsory enforcement organs (debt enforcement office) of the state, are discussed and studied. In that context; such topics as various types of debt enforcement proceedings are lectured, and the methods and procedure of debt enforcement proceedings, the issue of payment order to the debtor, sequestration, the sale of sequestered property and the allocation of sale proceedings discussed and studied.

In this field, within the scope of which the forms of functioning of the administration and the legal rules, to which it is subject, are analyzed; the main topics to be covered are the principles that govern the administrative law, the administrative organization, the administrative transactions, the actions of the administration, the administrative contracts, the administrative sanctions, law enforcement, public service, public procurement contracts, the liability of the administration and the public officials. The zoning law discusses and studies the regulation and arrangement within the framework of a specific plan of the lands situated in a certain region or field of settlement, which are subject to construction or settlement. In the scope of the law of administrative sanctions; the power of the administration to enforce "administrative sanctions" in order to maintain public order is discussed and studied with due consideration of the relations with the criminal law. The law of administrative procedure covers the procedure of subjecting the administrative acts and actions to dispute before the venues of administrative judiciary bodies. The Public Procurement Law discusses and studies the procedure, to which the private law contracts, to which the administration is a party, is subject prior to the execution of such contracts.

The Faculty of Law of TOBB-ETÜ, which aims are educating jurists, who do not only memorize legal rules but comprehend the same and are capable of applying the same to a given dispute, propose solutions and make assessments in respect of problems, and are capable of legal thinking, attaches considerable importance to the Methodology of Law. The scope of this course covers such major topics as the general structure of legal logic, the legal dogmatics as a normative discipline, the occurrence and legal assessment of the event that is the subject matter of the legal question, the construction of acts and codes and the elements of construction, filling of legal gaps, the concept and types of gap, the creation of law in excess of the acts and codes, and the internal and external system of the rule of law.

Fiscal law is the branch of law that studies the public revenues such as taxes, fees, duties and the like financial liabilities and the incurring of public expenses. The section of the fiscal law that studies the public revenues is referred to as the "tax law", and the section of the same that studies the public expenses is referred to as the "public expenditure law". In the tax law courses; such topics as the sources of tax law, the methodology of the same, the taxation process, the methods of resolution of tax disputes and Turkish Tax System are covered. The public expenditure law covers such topics as the budget and the expenditure management and control, and this field is studied and discussed within the scope of the "Budget Law". The course, titled "Law of Public Procurement", is another course to be covered within the scope of the public expenditure law. On the other hand; the course, titled "Economic Analysis of Law" covers such fundamental concepts and institutions of law as property, tort, crime and punishment and dispute resolution through economic perspective.

In the field of Law of Property, being one of the four volumes of the Civil Code; the concept of real right, the concept of property, the principles governing the law of property, possession and land registry are explained, and numerous topics such as the right of property, the acquisition of the right of property over the elements of property, the scope of the same, types of property, property ownership, the liability of real estate owner, easement connected to property, the right of usufruct, the rights of usufruct such as the right of construction and the right of source, pledge of real properties, mortgage, mortgaged notes payable, annuity bond, the system of fixed degrees, pledge of movable assets and pledge of claims are discussed and studied theoretically and practically.

Certain works created through the creativity and labor of persons must be protected legally. Thus, intellectual and industrial rights are protected by the law. The scope of this course covers the emergence, registration and protection of trademarks, patents, industrial designs and the rights under the Code on Intellectual and Artistic Works.

Roman Law, a law of the ancient era, which is considerably influential on European private laws and thus, Turkish private law, implies the law applied and enforced in Rome and the countries under the rule of Rome between 753 B.C., being the date of foundation of the city of Rome until 656 A.D., being the date of death of Justinian, the Emperor of Eastern Rome. The Body of Civil Law (Corpus Juris Civilis), which was had prepared by Justinian and is of legislative nature, has laid the basis for the Continental European Legal System, being the most prevalent legal system in the modern world; and Turkish private law system is a member of Roman law family as Turkish Civil Code of 1926 was quoted and adapted from the Civil Code of Switzerland.