Universitat Internacional de Catalunya - Barcelona

Civil Law 1

• code 11917
• course 3
• term Semester 2
• type op
• credits 6

Main language of instruction: Catalan

Other languages of instruction: Spanish,

Head instructor

Dra. María FERNANDEZ - mariaf@uic.es

Office hours

Previously agreed upon between the professor and student.

The main conceptual tools of civil law and private law as well as the legal regulation for laws of persons from the time of their birth to the time of their death shall be studied.  In addition, the first part of general contract theory (which will continue in Civil Law 2 with the general theory of obligations) will also be studied.

Not necessary.

By the end of the course, the student should have acquired knowledge related to:
* The foundations of Civil Law.
* The main institutions of law for the person
* The main parts of contracts that have been explained

• 01 - To be familiar with, understand and apply the methods, techniques and instruments specific to accounting.
• 02 - To be familiar with and know how to interpret and apply current accounting standards.
• 03 - To select and adequately apply applicable accounting alternatives.
• 04 - To understand and know how to use financial terms within a business framework.
• 11 - To be familiar with the main concepts and theories related to humanity and society.
• 14 - To be familiar with and understand the legal framework of trade law and be able to apply it in practical cases related to the business world.
• 17 - To be familiar with the mathematical models used to describe financial phenomena.
• 18 - To provide mathematical models for financial phenomena.
• 22 - To be able to identify the nature and behaviour of producers, consumers and investors.
• 23 - To be familiar with and know how to use microeconomic and macroeconomic analysis terminology.
• 24 - To be able to carry out a financial, social and historical analysis of the environment in which a company operates.
• 30 - To be familiar with information systems models: relational databases and mis, dss, eis, crm, scm, bi, km, erp, bpms models.

1.  To know and understand the rules within the general part of Civil Law and in
particular the efficiency and interpretation of legal regulations, the time and the
objective of Civil Law.
2.  To have acquired solid knowledge of physical persons civil and legal regulatons and
in particular, with special attention to supervising institutions.
3. To have acquired the ability relate different supervising institutions (and apply them)
to specific cases.
4.  To know and understand the general rules of legal business.
5.  To know and understand the rules of representation.
6.  To have acquired the skills for oral and written communication.
7.  To have developed the ability to analyse and synthesise information received in class
ad from the complemetary material provided by the professor.
8.  To have developed the skills for conflict resolution related to the contents in the
module.
9.  To have acquired skill in the use of ICTs with relation to obtaining legal information
(legislative datebases, jurisprudence, etc.).
10.  To have acquired the skills that encourage reading comprehension.
11.  To have developed habits of neatness in one's own presentation and in documents.
12.  To be able to identify and interpret the document that is habitually used in legal
affairs and civil affairs.

FIRST PART.  INTRODUCTION

Topic 1. Private Law and Civil Law

1.1. Private and Civil Law
1.2. The creation of modern civil rights.
1.3. Civil law and the Constitution of 1978.   

Topic 2. The Preliminary Stages of Civil code

2.1. The preliminary stage of Civil Code
2.2. Content:  sources of law, the application of private law and the efficacy of legal
regulations.    
2.3. Interpretation of private law

Topic 3. Time in Civil Law
3.1. Time in Civil Law
3.2. How time is used
3.3. Limitations
3.4. Deadlines
3.5. Exclusions

Topic 4. The Objective of Law
4.1. Subjects and outcomes
4.2. Classification of the subjects
4.3. Patrimony

SECOND PART.  THE LAW OF THE INDIVIDUAL  

Topic 5. The Beginning and End of the Individual

5.1. The individual in private law
5.2. The individual's beginnings and the legal statute of nasciturus
5.3. La capacity of the individual: legal capacity and the capacity for work.  the
natural capacity.   
5.4. Minors and emancipation.  
5.5. The conditions of the individual: The civil state.  The civil registry.
5.6. The individual's end.  Declaration of death.  

Topic 6.Incapacity and Institutional Care and Protection

6.1. Declaration of incapacity and its effects.  
6.2. Institutional Care and protection.  

Topic 7. Identifying and Locating a Person  

7.1. The identification of a person: Name and surnames. Kinship.
7.2. The domicile of an individual and civil location. y la vecindad civil
7.3. Disappearance and absence.   

Topic 8. Legal Persons and Private Law   

8.1. The Legal individual. The modalities of personification: society structure, corporate
and foundational.  
8.2. The association
8.3. The foundation

Topic 9. Representation

9.1. The general doctrime of private law representation
9.2. Power and empowerment
9.3. The representative without power
9.4. Representative management

THIRD PART. GENERAL THEORY OF THE CONTRACT

Topic 10. The legal business and the contract

10.1. Legal facts, private autonomy (AP) and legal business

10.2. The contract: concept, history and classification of contracts.

Topic 11. The essential requirements of the contract

11.1. Contract requirements
11.2. The consent of the parties
11.3. The object
11.4. The cause
11.5. The form of the contract  

Topic 12. Vices of the essential elements of the contract

12.1. Vices of consent: error, violence and intimidation and fraud
12.2. Vices of the cause.

Topic 13. The formation of the contract

13.1. Preliminary deals
13.2. Offer and acceptance.
13.3. Moment and place of contract perfection.
13.4. The pre-contract.
13.5. The option contract
13.6. Commercial advertising in the contract formation process.
13.7. The formation of the contract by adhesion.
13.8. Law 7/1998 of April 13 on General Conditions of Contracting and the General
Law for the Defense
of Consumers and Users approved by Royal Legislative Decree 1/2007, of November
16
 
Topic 14. Effects of the contract

14.1. Contractual regulation and its sources: contract integration
14.2. Principle of relativity of the contract.
14.3. Contract in favor of 3rd.
14.4. Contracts in damage of 3º.
14.5. Contract in charge of 3º.
14.6. Contract per person to be appointed.

Topic 15. Inefficacy of the contract

15.1. Inefficacy or disability. Inefficiency categories
15.2. Absolute nullity of the contract.
15.3. Relative nullity of the contract.
15.4. Recision of the contract.

• Presentation of concepts and their practical application in the classroom.
• Activities in the classroom in order to keep track of students (individually and in a group)
• Student independent study
• Individual and group projects
• Tutorials

The final grade of the subject will be integrated by the final exam grade, which will count 70% and the continuous evaluation grade, which will count 30%.

The final exam will be considered a written test and it will be necessary to take at least five to pass the subject

The continuous evaluation consists of the following tests with their corresponding assessment for the purpose of the final grade:

1. Throughout the semester there will be practices that will be done in class. Attendance and participation in these practices will be counted with 10% of the final grade. The dates are not foreseen in advance because they will be made according to the time devoted to the topics.

2. On April 2 the Positive Law Memorandum will take place. It is an oral test. The information about it will be posted in the materials section. The Memorandum test will count up to 20% of the final grade.

The attendance to the cycle of Conferences of Continuous Formation is obligatory. The lack of attendance will be negatively evaluated in the subject. That is, depending on the number of conferences that have not been attended will be reduced to a point the final grade that has resulted from the total evaluation of the subject. For example: if you miss a conference the note will drop 0.4 points, if you miss two lectures the note will drop 0.7 points and if you miss the three lectures the note will drop 1 point.

This regulation will not be applicable to Erasmus or exchange students, nor to the students of the Double Degrees.

Class attendance is mandatory. Each absence drops 0.1 of the final grade from the 5th absence to class.

Regardless of the continuous evaluation, a partial written examination will be carried out on march 4. The people who pass it (from 5) will not have to examine the subject in the final exam. Your grade will average with the final exam and that average will count 70% of the final grade. Those who suspend it will have all the material for the final exam. The first 4 topics of the program will enter the exam.

In the examination of 2nd call of July, the continuous evaluation will not be taken into account.

1. Recommended Basic Reading:

FIRST AND SECOND PART:

Antoni Vaquer Aloy (coordinador), Dret Civil. Part General i Dret de la Persona, Atelier, Barcelona, 2013

Luis Díez-Picazo / Antonio Gullón Ballesteros, Sistema de Derecho Civil. Vol. I, Introducción. Derecho de la Persona. Autonomía Privada. Persona jurídica, 13ª ed., Madrid, Tecnos, 2016.

THIRD PART:Luis Díez-Picazo / Antonio Gullón Ballesteros, Sistema de Derecho Civil. Vol. II, Tomo 1, El contrato en general, 11ª ed., Madrid, Tecnos, 2016.

2. Corresponding legal texts.

3. Material given by the professor or attached in the section: Didactic material.  Note that the hanging notes belong to a version January 2015. There have been some changes because of the reform of CCEsp . The changes will be discussed in class.