Universitat Internacional de Catalunya

Civil Law 2

Civil Law 2
6
9327
2
First semester
OB
derecho privado
Derecho Civil
Main language of instruction: Spanish

Other languages of instruction: Catalan
If the student is enrolled for the English track then classes for that subject will be taught in the same language.

Teaching staff

Introduction

In the event that the health authorities announce a new period of confinement due to the evolution of the health crisis caused by COVID-19, the teaching staff will promptly communicate how this may effect the teaching methodologies and activities as well as the assessment.


This subject is a continuation and complement of Civil Law 1, where the norms that regulate the right of the person and the first part of the law of contracts are studied (from training to effectiveness and ineffectiveness). In Civil Law 2 the general theory of obligations and the special part of contracts are studied. In the special part, the most important contracts are studied. The sales contract that is studied in accordance with the most updated Catalan Law (2016) and that contains a regulation in accordance with the practice of the courts and consumer law.

Objectives

The objectives of this subject are the following:

a) Learn the basic concepts of the general theory of obligations and the general lines of the contracts most used in civil traffic.

b) Knonw the complexity of the law of obligations as well as the most important problems posed by contracts. In particular, contracts of sale and lease.

c) Depending on the course of the course, learn to use them through the preparation and resolution of practical cases and their oral and written presentation and defense.

In this way, at the end of the course the student must have acquired the knowledge related to:

• The obligation and the contract: classes, circumstances, performance and breach;

• The main contracts used in legal and economic traffic.

Competencies

  • 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

- To know and understand the general rules of the law of obligations and contracts, especially those applicable to the fulfillment and non-fulfillment of obligations

- Identify the different types of contracts, having acquired the ability to use them according to the desired practical purpose

- It will have acquired skills in oral and written communication

- It will have developed the ability to analyze and synthesize the information obtained from the face-to-face classes and from the complementary material provided by the teacher

- It will have developed skills in the resolution of legal conflicts related to the contents of the module

- It will have acquired skill in the use of ICTs in relation to obtaining legal information (databases of legislation, jurisprudence, etc.)

- They will have acquired skills that promote reading comprehension

- It will have developed habits of neatness in personal presentation and documents

- It will have developed the ability to draft contracts and other constitutive acts of real rights

- 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 mandatory relationship.

Unit 2. Classes of obligations

1. Unilateral and bilateral obligations

2. Positive and negative obligations

3. Obligations of single tract 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 (novación) of the obligatory relations.

1. Modification (novation) of mandatory relationships.

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. The collection of the improper

4. Payment allocation

5. Offer of payment and consignment

6. The consignment

7. The payment date

8. Payment for transfer of assets

9. Debt forgiveness

10. Confusion of rights

11. The compensation

12. The loss of the thing and the impossible impossibility of the benefit

13. The mutual dissent

14. The withdrawal

Unit 5. Failure to comply with obligations

1. Injury and breach of obligation

2. Modalities of default of the debtor

3. Type of defaults

4. Modalities of default of the debtor 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 involvement of the estate in compliance with the obligations

1. The debtor's responsibility for breach

2. The default of the creditor

3. The impact of the patrimony to the fulfillment of the obligations

3.1. The universal patrimonial responsibility

Unit 7. The guarantees of the obligation

1 Typology 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. Compliance for equivalent 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. The contract of sale

1. Introduction, concept and characters

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 sanitation obligation

4. Seller guarantees

5. The double sale

6. Risks in the sale

Unit 2. The contract of sale. Conventional Retract

1. The sale with conventional retraction

2. Proof sales and “ad gustum”.

3. The sale of personal property in installments

3.1. Concept, purpose and nature of the installment 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 (CC regulation)

1. Concept and characters

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 rustic leases

8. Special provisions of cc 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. The lease for non-housing use

9. The deposit

Unit 6 Rustic 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. CCcat contracts related to the use of rustic farms

Unit 7 Work contract

1. Legal regime: justification of the 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 editing contract. The leasing of services

1. Transportation contract

2. The editing contract

3. The lease of services

Unit 9. The loan contract

1. Regulation of CC: loan and loan

2. The loan: definition and characters

3. The precarious

4. The simple or mutual loan

Unit 10. The deposit agreement

1. Concept, characters

2. Deposit classes

3. Essential elements

4. Rights and obligations

5. The 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 blended



In this course, the aim is for students to learn the basic concepts of the subject, know the basic theory of the subject, and learn to use them.

Formation activities:

- Presentation in the classroom of the concepts and their practical application.

- Monitoring of the subject "on line" of alternate groups of students.

- Activities in the classroom and at home to monitor students (individual and group)

- Independent study of the student

- Tutorships

Methodologies:

- Lecture given in person and "online".

- Readings related to the subject

- Information search

- Individual study

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

Teaching and learning material