Civil Law 2
Main language of instruction: Spanish
Other languages of instruction: Catalan
Sem.1 | TU | 15:00 17:00 | b503 | |
Sem.1 | FR | 17:00 19:00 | b503 |
Head instructor
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
In this subject it is intended that the students learn the basic concepts of the material, connect the basic theory of the material, and learn to use them.
Formation activities:
- Presented to the classroom of concepts and the practical application
- Activities (individual and in groups)
- I studied independent for the student
-Tutorial
Methodologies:
- Master Lesson
- Readings
- Searching information
- Individually study.
THEORETICAL EXAMS.
There will be two exams.
One, at the end of the first part (Right of Obligations). It will not be liberating.
The second will be the end on the date marked by the two parts of the subject (obligations and contracts).
CONTINUOUS TRAINING CONFERENCES:
The lack of attendance at the Continuing Education Conferences will be negatively evaluated in the subject. That is, depending on the number of conferences that have not been attended, the final grade resulting from the total evaluation of the subject will be lowered to a point. For example: if a conference is missed, the grade will drop 0.4 points, if two conferences are missed, the grade will drop 0.7 points and if the three conferences are missed, the grade will drop 1 point.
SECOND CALL
In the second call with passing the final exam is enough.
EVALUATION SYSTEM |
---|
Attending and participating in class |
Oral exams |
Written exams |
Final rulings |
1. Material provided by the teacher or attached in the Teaching material section.
2. Corresponding legal texts.
3. Recommended basic support bibliography:
Main reference manuals:
First part, Right of Obligations.
• Ángel Carrasco Perea (Dir). Encarna Lamb Lobato. Manuel Jesús Marín López. Lessons of Civil Law. Law of Obligations and Contracts in General. 3rd ED., Madrid, Tecnos, 2017.
Second part, Special contracts.
• Luis Díez-Picazo / Antonio Gullón Ballesteros, Civil Law System. Vol. II, Vol 2, 11th ed., Madrid, Tecnos, 2015
E: exam date | R: revision date | 1: first session | 2: second session: