ECTSThe Legal Consequences of Issuing a Letter of Guarantee

The Legal Consequences of Issuing a Letter of Guarantee (OZH608) Course Detail

Course Name Course Code Season Lecture Hours Application Hours Lab Hours Credit ECTS
The Legal Consequences of Issuing a Letter of Guarantee OZH608 Elective Courses 3 0 0 3 5
Pre-requisite Course(s)
N/A
Course Language Turkish
Course Type Elective Courses
Course Level Ph.D.
Mode of Delivery Face To Face
Learning and Teaching Strategies Lecture, Discussion, Question and Answer.
Course Coordinator
Course Lecturer(s)
  • Prof. Dr. Sabih Arkan
Course Assistants
Course Objectives Even though Letter of Guarantee were initially referred in the Turkish law by a cabinet decision in 1927 and subsequently experienced in the economic life, there is still not a specific legislation about Letter of Guarantee in Turkey. However, the first international standard was issued in 1990s. Problems stemming from letters of credit, whose application is based on general laws and established practices, can cause inefficiency in risk management, balance sheet deterioration, liquidity shortages that result in bankruptcies, reputation and systemic risks which are as important as other bank risks because of their damage to confidence in banks. Due to these reasons, the aim of this course is to reach advanced level of knowledge about the Letter of Guarantee which is frequently encountered in practice.
Course Learning Outcomes The students who succeeded in this course;
  • Defines the bank guarantee letter.
  • Uses the characteristics of the guarantee letter types.
  • Discloses the rights and obligations of the bank.
  • Solves legal disputes that arise in practice.
  • Determines the competent court the dispute.
Course Content General principles of letter of guarantee; letter of guarantee types; the legal consequences of issuing a letter of guarantee; abuse of rights.

Weekly Subjects and Releated Preparation Studies

Week Subjects Preparation
1 General Principles of Guarantee Letter Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
2 Historical Development in Turkish Law Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
3 Economic and Legal Importance Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
4 Types of Guarantee Letter Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
5 Issuance of a Letter of Guarantee Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
6 Parties Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
7 Legal Status of Letter of Guarantee with Principal Debt Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
8 Midterm
9 The Legal Status of the Bank's Liability Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59- 84.
10 Obligation of the Bank to Make Payment Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
11 Cases That the Bank Can Avoid Payment Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
12 Abuse of Rights by Drawee Bank Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
13 Consequences of Abusing Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
14 Jurisdiction in Disputes Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
15 Major Legal Issues on the Letter of Guarantee and Supreme Court Judgments Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.
16 Final Exam

Sources

Other Sources 1. Arkan, Sabih, “Teminat Mektubu Veren Bankanın Hukuki Durumu”, Banka ve Ticaret Hukuku Dergisi, Cilt XVI, Sayı 4, 1992, s. 59-84.

Evaluation System

Requirements Number Percentage of Grade
Attendance/Participation - -
Laboratory - -
Application - -
Field Work - -
Special Course Internship - -
Quizzes/Studio Critics - -
Homework Assignments - -
Presentation - -
Project - -
Report - -
Seminar - -
Midterms Exams/Midterms Jury 1 30
Final Exam/Final Jury 1 70
Toplam 2 100
Percentage of Semester Work 100
Percentage of Final Work 0
Total 100

Course Category

Core Courses
Major Area Courses X
Supportive Courses
Media and Managment Skills Courses
Transferable Skill Courses

The Relation Between Course Learning Competencies and Program Qualifications

# Program Qualifications / Competencies Level of Contribution
1 2 3 4 5
1 Develops knowledge of concepts, institutions and methods of private law at the level of expertise. X
2 Makes original definition and qualification about legal concepts and methods. X
3 Analyzing and evaluating the problems of private law relations by using the information obtained, reaching new and original results and ideas. X
4 Evaluates existing or new concept or institution in the field of private law with a new thought, approach and method. X
5 Has the ability to understand and process the national and international dimensions of law by following court cases and practices. X
6 Has the ability to diagnose private law problems and solve problems. X
7 Gains a unique perspective in the field of private law. X
8 Has the ability to conduct research in the field of private law and to be able to put forth a unique scientific work. X
9 Gains the ability to make written and oral presentations in accordance with academic and ethical rules. X
10 Defends original opinions in the discussion of issues related to the field of private law and establish effective communication that demonstrates its competence. X
11 Has the ability to solve current legal problems within contemporary legal approaches. X
12 Contributes to the settlement and implementation of legal and academic codes of ethics. X
13 Contributes to the settlement of the law and justice consciousness in society and its sustainability process. X
14 Has the ability of establishing functional interaction by using strategic decision making processes in solving the problems arising from law theory and practice and affecting social life. X
15 Contributes to legal theory and practice by publishing at least one scientific article in the field of private law, nationally or internationally, in well-established and / or respected journals. X

ECTS/Workload Table

Activities Number Duration (Hours) Total Workload
Course Hours (Including Exam Week: 16 x Total Hours) 16 3 48
Laboratory
Application
Special Course Internship
Field Work
Study Hours Out of Class 16 3 48
Presentation/Seminar Prepration
Project
Report
Homework Assignments 1 10 10
Quizzes/Studio Critics
Prepration of Midterm Exams/Midterm Jury 1 10 10
Prepration of Final Exams/Final Jury 1 10 10
Total Workload 126