Universitat Internacional de Catalunya - Barcelona

Civil Law 5

• code 10654
• course 3
• term Semester 2
• type OB
• credits 6

Main language of instruction: Spanish

Other languages of instruction: Catalan

Head instructor

Dra. Carmen María LÁZARO - cmlazaro@uic.es

Office hours

At the beginning or finishing  classes. If the case requires careful attention, there wilkl be and appointment.

This course aims to analyze the law of succession. The program focuses on the civil law of Catalonia, which is applicable to most cases in Catalonia. However, we pay attention to inheritance law of the Spanish Civil Code, widely applied in the rest of Spain. In addition, we also study the essential notions of private international law and interregional law in matters of succession, and the main tax implications of successions.

The course aims that students acquire solid knowledge of one of the most important branches of private law: successions. Its regulation is characterized by having a close relationship with all other matters of private law (general part, property, contracts, family), as well as other areas of law (commercial, constitutional, taxes, Private International law). Is asserted, then, this discipline as an instrument of overview of the legal system, especially the civil area. And verified both from a theoretical and practical point of view.

• 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
• 11 - To acquire skills for autonomous learning
• 15 - To develop a perception of the united nature of the legal system and the required interdisciplinary vision for legal issues
• 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
• 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
• 24 - To acquire the skills to resolve problems and make decisions using relevant information and by applying correct methods while placing the issue within a legal system context
• 30 - To master computer techniques for obtaining legal information (legal databases, jurisprudence, and bibliography)

Topic 1. Introduction 

I. System of distribution of the competences between the State and the CCAA in the field of Civil Law.

II. The new Statute of Catalonia.

III. Private Law Catalan. Civil code of Catalonia.

IV. Cross-border successions: EU Regulation 650/2012

V. Interregional Law 

Topic 2. The Law of Inheritance within the Patrimonial Law 

I. The designation of successor in general

II. The designation of successor and family patrimony

III. The designation of successor and the company

IV. Freedom of disposition and legitimate 

Topic 3. The successor 

I. Heir and heirs.

II. Systems of succession.

III. The successor

IV. The call to succession

V. Special Assumptions in the Institution of the Heir

VI. Distinction between heir and legatee 

Topic 4.- The inheritance

I. Structure of the succession due to death.

II. The Heritage

III. Responsibility of the successor. 

Topic 5 The legacy lying 

I. Different points of view of approaching the succession

II. The legacy lying

III. Special situations in order to accept or renounce the inheritance

IV. The litigiousness of the inheritance  

Topic 6 The Wills 

I. Concept

II. Advantages and disadvantages of making a will

III. Ability to make a will.

IV. Testamentary forms

V. Codicil

VI. Testamentary memories 

Topic 7 Interpretation and ineffectiveness of inheritance regulations

I. The interpretation of the will

II. Rules of interpretation of the will

III. Nullity of the will

IV. Revocation

V. Expiration 

Topic  8.- The heir and his substitutes 

I. The institution of heir

II. Special forms of institution.

III. Hereditary substitutions.

IV. The trustee substitution

V. The residual trust

VI. Preventive substitution

Topic 9.- The testamentary executors 

I. The figure of the heir as executor of the will of the testator

II. The execution of the will of the testator

III. The heir distributor

IV. The trustworthy heir

V. The executors 

Topic 10 Legacies 

I. Concept

II. What are the legacies for?

III. Subjects: the taxable, and the beneficiary or legatee

IV. Object

V. Form

VI. Special rules of denunciation, acquisition and resignation

VII. Classification of legacies

VIII. Compliance with the legacy

IX. Typology in the legacies

X. Legatee's guarantees

XI. Revocation, inefficiency and rescission of the arrivals

XII. Reduction of legacies 

Topic 11 Successory Agreements

I. The inheritance agreements in Catalan Law

II. The new regulation of inheritance agreements

III. Concept and characteristics of succession agreement (431.1)

IV. Subjects

V. Object

VI. Forms and advertising in the succession agreement

VII. The inheritance

VIII. Contents of the succession agreement

IX. Effects of the universal agreement

X. Inefficacy of the pacts

XI. Private succession agreements (431-29) 

Topic 12 Donations for cause of death and mode 

I. Concept

II. Utility of the figure and limitations

III. The types of donations "mortis-cause"

IV. Requirements

V. Effects

VI. Inefficiency

Topic 13.- Legal succession 

I. Sense of succession ab intestate

II. Relationship between testate and intestate succession

III. Degrees and lines of kin

IV. Orders to happen

V. Succession of the Generalitat

VI. Adoption (special rules)

VII. Succession of the impubent 

Topic 14. Legitimate and fourth vidual 

I. What are the legitimate ones, and what is their meaning?

II. Attribution of the legitimate in life, and possible resignation

III. Amount, imputation, acquisition and payment of the legitimate.

IV. Protection of the legitimary

V. Extinction of the legitimate

VI. The fourth vidual 

Topic 15. Delation, acceptance and renunciation 

I. The hereditary denunciation

II. Legal capacity to succeed.

III. Death without accepting or repudiating: ius transmisionis

IV. Acceptance (art, 461-3 and 4)

V. Nullity of acceptance and renunciation (art, 461-10)

VI. Right to accrete

VII. Effects of ordinary acceptance (without benefit of inventory) (art, 461-18)

VIII. The benefit of separation of patrimonies  

Topic 16. The hereditary partition 

I. The hereditary community

II. The hereditary partition

III. The collation

IV. Effects of the partition

a) Books

Bosch, Del Pozo, Vaquer: Derecho civil de Cataluña. Derecho de sucesiones. Marcial Pons

Garrido Melero, Martín: Derecho de sucesiones. Marcial Pons. 

Gómez Taboada, Jesús: Derecho de sucesiones de Cataluña: teoría y práctica. Lex Nova.

b) Webs

 - www.notariosyregistradores.com

- www.iurisprudente.com

-  www.BOE.es