Civil Law 1
Main language of instruction: Spanish
Other languages of instruction: Catalan
Sem.2 | TU | 12:00 14:00 | b503 | |
Sem.2 | TH | 12:00 14:00 | b503 |
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
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
Formative activities:
Methodologies:
TRAINING ACTIVITY | COMPETENCES |
---|---|
Presentación en el aula de los conceptos y su aplicación práctica | 01 04 14 17 18 |
Actividades en el aula para el seguimiento de los alumnos (individual y en grupo) | 02 03 22 23 24 |
Estudio independiente del alumno | 11 14 17 18 24 |
Trabajos individuales y en grupo | 02 04 30 |
Tutorías | 02 03 |
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 16 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 5. 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.
NEW EVALUATION SYSTEM
The new evaluation system for the subject of Civil Law I is as follows: The final grade for the course will be made up of the final exam grade, which will count 90% and the continuous assessment grade, which will count 10%. The final exam will consist of two parts: A compulsory one that will have the consideration of a written multiple-choice test. An optional for those who serve from 7 on the test in order to be able to raise note. This test will consist of 5 short questions (theoretical or practical cases) that will have to be answered with limited time through moodle. These questions seek to assess the understanding of the concepts worked on in the subject and the ability to apply them to specific cases. Regarding possible incidents: a) If the student, during the examination, had any incident with the official examination platform and / or with the video conferencing platform, they should immediately take as many screenshots as necessary and send them to the full professor with a copy to Rocío Goiricelaya (It is foreseeable that also in this case the UIC technical services will enable mechanisms for these incidents). Likewise, the test or recovery exam of the first failed exam will be oral and through videoconference, and will be done only once. b) Those students who previously have knowledge of internet connection problems, must report this incident to the Secretary, in order to decide in advance which audiovisual communication platforms to use as alternatives, such as any available on mobile phones. (facetime, etc.). Continuous assessment: Continuous assessment is reduced to attendance and participation in practical classes. Students who have not been able to participate during the face-to-face class period will be evaluated through the practice of topic 8 (legal entities) posted in the moodle. They should send it to mariaf@uic.es on the date that will be communicated by email. Regarding the partial liberatory examination, the initially established system is respected. In other words, people who have passed it (from 5) will not have to take the exam in that final exam. Your grade will average the final exam and that average will count 90% of the final grade. Those who have failed will have all the material for the final exam. In the exam of 2nd call of July the continuous evaluation will not be taken into account.
NEW EVALUATION SYSTEM OF 2ND CALL
The evaluation system for the 2nd call will consist of a written multiple-choice test that will include the entire syllabus of the subject. Regarding possible incidents: a) If the student, during the examination, had any incident with the official examination platform and / or with the video conferencing platform, as many screenshots should be taken immediately as necessary and send them to the full professor with a copy to Rocío Goiricelaya . Likewise, the test or recovery exam of the first failed exam will be oral and by videoconference, and will be carried out only once in the afternoon of the same exam day. b) Those students who previously have knowledge of internet connection problems, must report this incident to the Secretary, in order to decide in advance which audiovisual communication platforms to use as alternatives, such as any available on mobile phones. (FaceTime, etc.).
EVALUATION SYSTEM |
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Asistencia y participación en clase Pruebas escritas Pruebas orales |
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.