Universitat Internacional de Catalunya
Civil Law 2
Other languages of instruction: Catalan
Teaching staff
By prior appointment with the student
Introduction
This subject is a continuation of and complement to Civil Law 1, which studies the laws that regulate individual rights and the first part of contract law (from training to effectiveness and ineffectiveness). Civil Law 2 studies the general theory of obligations and the special part relating to contracts, dealing with the most important contracts. The sales contract that is studied is in accordance with the most up-to-date Catalan Law (2016) and its regulation follows the practice of the courts and consumer law.
Objectives
The objectives of this subject are the following:
a) To learn the basic concepts of the general theory of obligations and the general lines of the contracts most commonly used in civil law.
b) To understand the complexities of the law of obligations as well as the most important problems posed by contracts. In particular, contracts of sale and lease.
c) As the course develops, to learn through the preparation and resolution of case studies and their oral and written presentation and defence.
Thus, at the end of the course the student will have acquired knowledge related to:
• Obligation and contracts: types, circumstances, performance and breach;
• The main contracts used in legal and economic matters.
Competences/Learning outcomes of the degree programme
- 01 - To acquire the ability to understand main ideas and participate in conferences or professor led lectures in their academic context.
- 02 - To acquire the ability to understand, analyse and synthesise
- 03 - To be able to express one's ideas and arguments in an orderly and coherent way both in oral and written form (written and oral techniques)
- 04 - To turn in documents that have been formally and thoroughly prepared to high standards
- 08 - To develop mechanisms that facilitate the adoption of ethical commitments
- 11 - To acquire skills for autonomous learning
- 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
- 21 - To develop the ability to create and structure regulations
- 22 - To be able to identify and interpret documentation normally used in legal and negotiating settings
- 23 - To identify the state, doctrinal and legal framework of a complex legal issue
Learning outcomes of the subject
- To know and understand the general rules of the law of obligations and contracts, especially those applicable to the fulfilment and non-fulfilment of obligations
- To identify the different types of contract, having acquired the ability to use them according to the desired practical purpose
- To have acquired skills in oral and written communication
- To have developed the ability to analyse and synthesise the information obtained from the face-to-face classes and from the complementary material provided by the teacher
- To have developed skills in the resolution of legal conflicts related to the contents of the module
- To have acquired skill in the use of ICT in relation to obtaining legal information (databases of legislation, jurisprudence, etc.)
- They will have acquired skills that promote reading comprehension
- To have developed the habit of formally and thoroughly preparing documents to a high standard
- To have developed the ability to draft contracts and other constitutive acts of real rights
- To identify and interpret the documentation commonly used in legal and civil business traffic
Syllabus
First part. Law of obligations.
Unit 1. Introduction to the right of obligations.
1. The basis of contractual obligations.
2. The sources of obligations (art. 1089).
3. The relationship of obligations.
Unit 2. Classes of obligations
1. Unilateral and bilateral obligations
2. Positive and negative obligations
3. Obligations of single and successive tract
4. Alternative and optional obligations
5. Divisible and indivisible obligations
6. Main and accessory obligations
7. Liquid and illiquid obligations
8. Financial obligations
9. Obligations with plurality of subjects (art, 1137 to 1148).
10. Pure and conditional obligations
11. The term
Unit 3. The modification (novation) of the relationship of obligation.
1. Modification (novation) of relationships of obligation.
2. Types of novation
3. Extinctive and modifying Novation
4. Modifying Novation
5. Credit transfer
6. Credit subrogation
7. The assumption of debts
Unit 4. The extinction of obligations. Payment or compliance
1. Causes of termination of obligations
2. Payment or compliance
3. Payment of amounts incorrectly received
4. Payment allocation
5. Offer of payment and consignment
6. Consignment
7. The payment date
8. Payment for transfer of assets
9. Debt forgiveness
10. Confusion of rights
11. Compensation
12. Loss of the obligation owed and the supervening impossibility of fulfilment
13. Mutual dissent
14. Withdrawal
Unit 5. Failure to comply with obligations
1. Injury and breach of obligation
2. Types of debtor default
3. Types of default
4. Types of debtor default and remedies
5. The debtor's default
6. Final default
7. Defective or inaccurate compliance
Unit 6. The debtor's responsibility for non-compliance and the assignment of assets in compliance with the obligations
1. Debtor's responsibility for breach
2. Default of the creditor
3. Assignment of assets to the fulfilment of the obligations
3.1. Universal asset liability
Unit 7. The guarantees of the obligation
1 Types of credit guarantees
2. The conventional penalty or criminal clause
3. Right of retention
4. The breach exception
Unit 8. Means of protection and credit protection
1. Compliance action
1.1. Compliance of the debtor in a specific way, in kind or in nature
1.2. Effective compliance at the debtor’s expense
2. Contract resolution
3. Compensation for damages
4. The subrogation action
5. Direct action
6. The Paulian or revocation action for creditors' fraud
Second part. Special contracts
Unit 1. Contracts of sale
1. Introduction, concept and nature
2. Essential elements
3. Effects of the sale
3.1. The delivery of the thing
3.2. The price payment
3.3. The seller's disencumbrance obligation
4. Seller guarantees
5. The double sale
6. Risks in the sale
Unit 2. Contracts of sale. Conventional Retract
1. Sale with conventional retraction
2. Sale on approval and ad gustum
3. Sale of personal property in instalments
3.1. Concept, purpose and nature of the instalment sale
3.2. Content
3.3. Compliance and non-compliance
4. Financing and guarantees
Unit 3. The swap
1. Concept, nature and legal regulation
2. Transfer of property or urban development in exchange for future construction
2.1. Concept. Legal assumptions
2.2. Requirements
2.3. Modalities and general regime
2.4. Breach and special power of resolution
Unit 4. Leases (Civil Code regulation)
1. Concept and nature
2. Subjects, object and form
3. Rights and obligations
4. Compliance and non-compliance
5. Lease termination
6. Sublease and assignment
7. Special cc provisions for agricultural leases
8. Special provisions of Civil Code for urban leases
9. The financial lease
Unit 5. Urban leases
1. Introduction
2. Scope of application. Concept
2. Legal regime
3. Duration, form and registration
4. Lease income. Expenses.
5. Rights and obligations
6. Compliance and non-compliance
7. Termination of the lease
8. Lease for non-housing use
9. The deposit
Unit 6 Agricultural Leases
1. Context, background and legal regime
2. Concept and types.
3. Elements of the contract
4. Law and obligations
5. Extinction
6. The partnership contract
7. Contracts related to the use of agricultural property
Unit 7 Work contract
1. Legal regime: justification of joint study
2. Objective scope
3. Elements of the contract
4. Rights and obligations
5. Reception of the work
6. Compliance and non-compliance
7. Risks in the construction contract
8. Specific causes of termination of the work contract
9. Contractor credit protection and guarantees
Unit 8. The transport contract. The publishing contract. The leasing of services
1. Transportation contracts
2. Publishing contracts
3. The lease of services
Unit 9. The loan contract
1. Regulation of Civil Code: gratuitous loans and loans
2. The loan: definition and characters
3. Precarium
4. Simple or mutual loans
Unit 10. The deposit agreement
1. Concept, nature
2. Deposit classes
3. Essential elements
4. Rights and obligations
5. Extinction of the deposit
Unit 11. Other contracts
1. Mandate contract
2. Mediation
3. The annuity
4. The food contract
5. The insurance contract
6. The transaction contract
7. The arbitration agreement
8. Civil society
9. The bond
Teaching and learning activities
In person
TRAINING ACTIVITY
Activities in the classroom to monitor students (individual and in groups)
Independent study by the student
Presentation in the classroom of the concepts and their practical application
Individual and group work
Evaluation systems and criteria
In person
EVALUATION
THEORETICAL EXAMS.
There will be two exams.
The first exam will be at the end of the first part (Right of Obligations). It will not exempt the student from continuing the evaluation.
The second will be the final on the scheduled date of the two parts of the course (obligations and contracts).
FIRST EXAMINATION SITTING:
The final grade will be obtained from:
- Up to 1 point for class attendance.
- Up to 1.5 points for participation in class.
- Up to 2 points for participation in practical classes.
- Up to 5.5 points will be obtained from the result of the two exams. There will be a mid-semester exam in on the first part (Right of Obligations) that will be deemed as sufficient for students who obtain more than a 6 in it.
SECOND and SUBSEQUENT EXAMINATION SITTING: In the second sitting, it is sufficient to pass the final exam.
EVALUATION SYSTEM
Attendance and participation in class
Oral exams
Written exams
Final results
Bibliography and resources
1. Material delivered by the teacher or attached to the section Teaching material.
2. Corresponding legal texts.
3. Recommended basic supporting bibliography:
Main reference manuals:
First part, Law of Obligations.
- Ángel Carrasco Perea (Dir). He plays Cordero Lobato. Manuel Jesús Marín López. Civil Law Lessons. Law of Obligations and Contracts in General. 4th ed., Madrid, Tecnos, 2019.
Second part, Contracts especially.
- Luis Díez-Picazo / Antonio Gullón Ballesteros, Civil Law System. Flight. II, Volume 2, 11th ed., Madrid, Tecnos, 2015
Supporting bibliography:
- Carraco Perera, Ángel "Contract Law". 2ª Edition. Aranzadi. 2017.
- Ten Picazo and Ponce de León, Luis. "Fundamentals of Civil Property Law". Vol, II The obligatory relation. 6th edition. Thomson Civitas. 2008