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.
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.
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
Topic 1. The obligatory relationship
1.1. Sources of obligations.
1.2. Subjects. Classes of obligations with a plurality of persons.
1.3. Object. Classes of obligations according to the object: to give, to do and not to do; generic and specific; optional and alternative; divisible and indivisible.
1.4. Pecuniary obligations: the money in the right of obligations. Realism and nominalism. Stabilization clauses. The interest obligation.
Topic 2. Circumstances of the mandatory relationship.
2.1. Time. Term obligations. Initial term and final term.
2.2. Place.
23. Condition. Suspensive condition and resolutive condition.
Topic 3. Payment or compliance, and subrogated
3.1. Concept. Subjects
3.2. Objective requirements.
3.3. Proof and imputation .
3.4. Subrogated: appropriation, compensation, dation in payment, assignment of assets.
Topic 4. Non-compliance
4.1. Non-compliance in a material sense.
4.2. The imputation of non-compliance.
Topic 5. Main remedies against non-compliance
5.1. Forced compliance or specific compliance.
5.2. Compensation for damages.
5.3. Penal clauses.
5.4. Resolution for non-compliance.
5 .5. Other subsidiary actions: subrogation, revocation, direct.
Topic 6. The variations of the obligatory relationship (concepts)
6.1. The novation.
6.2. The change of creditor (the assignment of credits and the conventional subrogation).
6.3. The change of debtor (assumption of debts, expromission, and delegation).
6.4. The confusion.
PART TWO: SPECIAL CONTRACTS
Topic 7. Exchange contracts: the sale and exchange
7.1. Concept of sale and distinctions
7.2. Laws applicable to the sale
7.3. Subjects: capacity and prohibitions
7.4. Object: the thing and the price
7.5. Seller's obligations (I): delivery (transfer of ownership)
7.6. Buyer's obligations: payment and receipt
7.7. Seller's obligations (II): conformity (material and legal)
7.8. Remedies for breach
7.9. The risks in the sale
7.10. Guarantee
7.11. special sales
7.12. Barter
Topic 8. The lease contract
8.1. The lease of things in the Civil Code.
8.2. Urban leases.
Topic 9. Work and service provision contracts.
9.1. The construction contract: concept and distinction. Obligations of the parties.
9.2. Real estate contract. Parts.
9.3. Real estate contract. Liability for ruin in CC and LOE.
9.4. The legal protection of the credits of the work contract.
9.5. The lease of services.
9.6. The vehicle deposit and parking contract.
Topic 10. Guarantee contracts: bond, guarantee, and first demand guarantee
10.1. Concept and classes.
10.2. Object and content.
10.3. Legal regime.
10.4. Relations between creditor and guarantor, and between debtor and guarantor.
10.5. Extinction.
10.6. Bond, back bond and related figures.
10.7. The guarantee at first request.
Topic 11. Other contracts
11.1. Financing contracts: loan, precarious and simple loan.
11.2. Management contracts: mandate and commission, mediation.
11.3. The quasi-contracts .
Evaluation systems and criteria
In person
FIRST CALL
There will be a liberating exam from topics 1 to 6, in the middle of the course to be cleared with a 7, both for those in option A and B. In case of releasing, the final exam will only be for the second part, and the final grade will be averaged with that of the liberating midterm.
A. GENERAL ITINERARY, WITH PRACTICES
MEMORANDUMS : Memorandums will be worth one (1) point each. Overall, 2 points
PRACTICAL CASES : they will be worth a total of 2 points. The internship evaluation criteria are as follows:
- El profesor irá preguntando a los alumnos
- Quien no esté cuando se le pregunta tendrá un cero
- Sólo se permitirá una única inasistencia justificada.
- Al final de la clase práctica los alumnos preguntados se acercarán al profesor para decírselo y que les anote.
FINAL EXAM : The final evaluation will be worth 6 points.
The exam will have a theoretical exam and practical questions.
The final mark will be the sum of the three evaluations: memorandums, practices and final exam. In order to pass the subject, it will be necessary to obtain at least three out of 10 in the final exam.
B. ALTERNATIVE ITINERARY, WITHOUT PRACTICES (REPEATERS)
For those who repeat the course, are allowed to attend the final exam without doing the practices. Logically, in this itinerary, the time that has not been dedicated to internships must be made up with more hours of study, since the exam will not be exactly the same as that of the other itinerary, although there may also be resolution of practical cases.
MEMORANDUMS : will be worth one (1) point each. Overall, 2 points
FINAL EXAM : The final evaluation will be worth 8 points.
In this itinerary, the final grade will be the sum of the two evaluations: memos and final exam.
The dates of the different tests and practices can be found in the planning of the subject, posted on the intranet
SECOND CALL
In the second call, passing the final exam is enough.
If someone has failed the first call with a continuous evaluation higher than 5 (out of 10), the exam grade will be average with the continuous evaluation. That is to say, if out of the 4 points of the continuous evaluation (2 from the Memorandum and 2 from the Practices), someone gets more than 2, but fails the 1st call for having done a weak final exam, the mark of the 2nd exam call will make you average with the one of the continuous evaluation.
Bibliography and resources
1. Notes delivered by the professor attached to the Moodle.
2. Corresponding legal texts, mainly the Positive Law Dossier
3. Recommended basic supporting bibliography:
Main reference manuals:
- Mª del Carmen Gete-Alonso / Judith Solé (Coord.), Law of Obligations and Contracts in Catalonia , Barcelona, Atelier, 2021
- Luis Díez-Picazo / Antonio Gullón Ballesteros, Civil Law System . Vol. II, Volume 1 and 2, 10th ed., Madrid, Tecnos, 2012 [there is also an 11th ed. From 2015]