Subject

Civil Law 1

  • code 08450
  • course 1
  • term Semester 2
  • type FB
  • credits 6

Main language of instruction: Spanish

Other languages of instruction: Catalan

Timetable
 Sem.2  TU 12:00 14:00 b503
 Sem.2  TH 12:00 14:00 b503

Teaching staff

Head instructor

Dra. María FERNANDEZ - mariaf@uic.es

Office hours

Previously agreed upon between the professor and student.

Introduction

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.

Pre-course requirements

Not necessary

Objectives

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

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
  • 11 - To acquire skills for autonomous learning
  • 14 - To be aware of the importance of the Law as a regulatory system for social relationships
  • 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
  • 18 - To understand the different ways of creating Law within its historical evolution as well as its current state
  • 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)

Learning outcomes of the subject

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.

Syllabus

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.

 

Teaching and learning activities

In person

 

Formative activities:

  • 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

Methodologies:

  • Professor lecture
  • Putting together and presenting projects
  • Reading related to the subject
  • Searching for information
  • Individual study

 

TRAINING ACTIVITYCOMPETENCES
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

Evaluation systems and criteria

In person

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
Asistencia y participación en clase
Pruebas escritas
Pruebas orales

Bibliography and resources

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.

Teaching and learning material

      Material
            Memorandum 2019 memorandumdci.2018.docx 
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