Universitat Internacional de Catalunya
Civil Law 2
Other languages of instruction: Catalan
Teaching staff
By prior appointment with the student
Introduction
This subject is a continuation of and complement to Civil Law 1, which studies the laws that regulate individual rights and the first part of contract law (from training to effectiveness and ineffectiveness). Civil Law 2 studies the general theory of obligations and the special part relating to contracts, dealing with the most important contracts.
Objectives
The objectives of this subject are the following:
a) To learn the basic concepts of the general theory of obligations and the general lines of the contracts most commonly used in civil law.
b) To understand the complexities of the law of obligations as well as the most important problems posed by contracts. In particular, contracts of sale and lease.
c) As the course develops, to learn through the preparation and resolution of case studies.
Thus, at the end of the course the student will have acquired knowledge related to:
• Obligation and contracts: types, circumstances, performance and breach;
• The main contracts used in legal and economic matters.
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
- 08 - To develop mechanisms that facilitate the adoption of ethical commitments
- 11 - To acquire skills for autonomous learning
- 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
- 21 - To develop the ability to create and structure regulations
- 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
Learning outcomes of the subject
- To know and understand the general rules of the law of obligations and contracts, especially those applicable to the fulfilment and non-fulfilment of obligations
- To identify the different types of contract, having acquired the ability to use them according to the desired practical purpose
- To have acquired skills in oral and written communication
- To have developed the ability to analyse and synthesise the information obtained from the face-to-face classes and from the complementary material provided by the teacher
- To have developed skills in the resolution of legal conflicts related to the contents of the module
- To have acquired skill in the use of ICT in relation to obtaining legal information (databases of legislation, jurisprudence, etc.)
- They will have acquired skills that promote reading comprehension
- To have developed the habit of formally and thoroughly preparing documents to a high standard
- To have developed the ability to draft contracts and other constitutive acts of real rights
- To identify and interpret the documentation commonly used in legal and civil business traffic
Syllabus
FIRST PART. LAW OF OBLIGATIONS
Topic 1. The obligatory relationship
1.1. Sources of obligations.
1.2. Subjects. Classes of obligations with a plurality of persons.
1.3. Object. Classes of obligations according to the object: to give, to do and not to do; generic and specific; optional and alternative; divisible and indivisible.
1.4. Pecuniary obligations: the money in the right of obligations. Realism and nominalism. Stabilization clauses. The interest obligation.
Topic 2. Circumstances of the mandatory relationship.
2.1. Time. Term obligations. Initial term and final term.
2.2. Place.
23. Condition. Suspensive condition and resolutive condition.
Topic 3. Payment or compliance, and subrogated
3.1. Concept. Subjects
3.2. Objective requirements.
3.3. Proof and imputation .
3.4. Subrogated: appropriation, compensation, dation in payment, assignment of assets.
Topic 4. Non-compliance
4.1. Non-compliance in a material sense.
4.2. The imputation of non-compliance.
Topic 5. Main remedies against non-compliance
5.1. Forced compliance or specific compliance.
5.2. Compensation for damages.
5.3. Penal clauses.
5.4. Resolution for non-compliance.
5 .5. Other subsidiary actions: subrogation, revocation, direct.
Topic 6. The variations of the obligatory relationship (concepts)
6.1. The novation.
6.2. The change of creditor (the assignment of credits and the conventional subrogation).
6.3. The change of debtor (assumption of debts, expromission, and delegation).
6.4. The confusion.
PART TWO: SPECIAL CONTRACTS
Topic 7. Exchange contracts: the sale and exchange
7.1. Concept of sale and distinctions
7.2. Laws applicable to the sale
7.3. Subjects: capacity and prohibitions
7.4. Object: the thing and the price
7.5. Seller's obligations (I): delivery (transfer of ownership)
7.6. Buyer's obligations: payment and receipt
7.7. Seller's obligations (II): conformity (material and legal)
7.8. Remedies for breach
7.9. The risks in the sale
7.10. Guarantee
7.11. special sales
7.12. Barter
Topic 8. The lease contract
8.1. The lease of things in the Civil Code.
8.2. Urban leases.
Topic 9. Work and service provision contracts.
9.1. The construction contract: concept and distinction. Obligations of the parties.
9.2. Real estate contract. Parts.
9.3. Real estate contract. Liability for ruin in CC and LOE.
9.4. The legal protection of the credits of the work contract.
9.5. The lease of services.
9.6. The vehicle deposit and parking contract.
Topic 10. Guarantee contracts: bond, guarantee, and first demand guarantee
10.1. Concept and classes.
10.2. Object and content.
10.3. Legal regime.
10.4. Relations between creditor and guarantor, and between debtor and guarantor.
10.5. Extinction.
10.6. Bond, back bond and related figures.
10.7. The guarantee at first request.
Topic 11. Other contracts
11.1. Financing contracts: loan, precarious and simple loan.
11.2. Management contracts: mandate and commission, mediation.
11.3. The quasi-contracts .
Teaching and learning activities
In person
In this course, students are expected to learn the basic concepts of the subject, know the basic theory, and learn to use them through the preparation and resolution of practical cases.
The first objective will be achieved through Concept Memorandums. The second through theoretical classes. And the third will be the content of the practical classes.
The Memorandums
The subject has more than a hundred basic concepts, essential knowledge to be able to function successfully in the practical application of the subject. They are written as a question and answer in a document that has two parts. The student should learn them well. It is an eminently rote exercise, divided into two tests.
Theoretical classes
More than half of the classes will be dedicated to normal teaching, with theoretical explanations of the different lessons of the program. It will be basically supported by notes provided to students in Moodle, and eventually in the course manual. The class explanation will be very focused on the concepts. The central objective of this part is that the student understands them well (what they are and what they are not) and knows how to apply them correctly in the different practical cases.
The content of these classes will be the object of the theoretical evaluation, which will be carried out mainly through questions mainly of reasoning, not so much of memory. This seeks to assess whether the student has really understood the concept and content of each institution, and the way to do this is to ask them to apply and argue the differences with other institutions.
Practical classes
Around 6 classes will be dedicated to the resolution of the practical cases, according to the following instructions:
- Work groups : the students will form practice groups of 4 or 5 people each (formed freely by the students). In total there will be 16 groups. The groups will be formed at the beginning of the course and will remain unchanged until the end.
- Grouping: the 16 groups will form two groups, each one will alternately do three practices during class time and another three on Thursday from 7 to 9 pm, according to the schedule set once the groups are formed.
- Realization of the practice and sending : the practice will be carried out in class and at the end it will be sent by mail to the teacher, who will evaluate it according to the criteria established later.
Eventually other practices may be posted, individual and voluntary resolution, whose mark will serve to round off the final mark.
Formation activities:
- Presentation in the classroom of the concepts and their practical application
- Classroom activities for monitoring students (individual and group)
- Student Independent Study
- Individual and group work
Methodologies:
- Master lesson
- Preparation and exhibition of works
- Subject related reading
- information search
- single study
Evaluation systems and criteria
In person
FIRST CALL
There will be a liberating exam from topics 1 to 6, in the middle of the course, only theoretical part, to be cleared with a 7, both for those in option A and B. In case of releasing, the final exam will only be for the second part (both theoretical as well as practical), and the final grade will be averaged with that of the liberating midterm.
A. GENERAL ITINERARY, WITH PRACTICES
MEMORANDUMS : Memorandums will be worth one (1) point each. Overall, 2 points
PRACTICAL CASES : they will be worth a total of 3 points. The internship evaluation criteria are as follows:
- No attendance: 0 points
- Justified non-attendance: not presented. Only one justified absence will be allowed (in this case the note of the practice not attended will only count downwards: if it is lower than the average of the rest of the group; otherwise, the average of the group will remain). Above that number, the student will be disqualified for itinerary A (continuous assessment program with internships) and will be subject to itinerary B (without internships).
- Evaluation of work in class: modulate final grade up or down, according to these two criteria:
- display skills in interpersonal relationships
- demonstrate teamwork skills
- Evaluation of the final document: according to these three criteria:
a) Written communication (does not give points, but subtracts: each big mistake subtracts 0.1 point). The errors have to do with the following objectives:
- express ideas and arguments with order and coherence in writing
- develop habits of neatness in the presentation of documents
- develop ability to draft legal documents (rules of grammar, spelling and syntax )
- uses basic legal terminology
b) Answer questions: worth 3 points. Each response is scored according to these three criteria:
- Find the correct legal norm that supports the answer
- Correctly base the answer on the appropriate standard
- Correctly justify the answer in the appropriate argumentation
c) DELAYED DELIVERY SANCTION: subtracts 10% final grade
FINAL EXAM : The final evaluation will be worth 5 points.
The exam will have two parts: one part will be the resolution of cases similar to those given in class during the semester, the other will be a theoretical exam. The theoretical questions will be mainly reasoning questions, not memory questions. This seeks to assess whether the student has really understood the concept and content of each institution, and the way to do this is to ask them to apply and argue the differences with other institutions. Some of the questions will come out of the case studies.
The final mark will be the sum of the three evaluations: memorandums, practices and final exam. In order to pass the subject, it will be necessary to obtain at least three out of 10 in the final exam.
B. ALTERNATIVE ITINERARY, WITHOUT PRACTICES (REPEATERS)
For those who do not follow the practice system for not having attended the minimum number of practice sessions (I remember, 5 out of 6), an alternative itinerary has been enabled, which allows them to attend the final exam without doing the practices. Logically, in this itinerary, the time that has not been dedicated to internships must be made up with more hours of study, since the exam will not be exactly the same as that of the other itinerary, although there may also be resolution of practical cases.
MEMORANDUMS : will be worth one (1) point each. Overall, 2 points
FINAL EXAM : The final evaluation will be worth 8 points.
In this itinerary, the final grade will be the sum of the two evaluations: memos and final exam.
The dates of the different tests and practices can be found in the planning of the subject, posted on the intranet
SECOND CALL
In the second call, passing the final exam is enough.
If someone has failed the first call with a continuous evaluation higher than 5 (out of 10), the exam grade will be average with the continuous evaluation. That is to say, if out of the 5 points of the continuous evaluation (2 from the Memorandum and 3 from the Practices), someone gets more than 2.5, but fails the 1st call for having done a weak final exam, the mark of the 2nd exam call will make you average with the one of the continuous evaluation.
Bibliography and resources
1. Notes delivered by the professor attached to the Moodle.
2. Corresponding legal texts, mainly the Positive Law Dossier
3. Recommended basic supporting bibliography:
Main reference manuals:
- Mª del Carmen Gete-Alonso / Judith Solé (Coord.), Law of Obligations and Contracts in Catalonia , Barcelona, Atelier, 2021
- Luis Díez-Picazo / Antonio Gullón Ballesteros, Civil Law System . Vol. II, Volume 1 and 2, 10th ed., Madrid, Tecnos, 2012 [there is also an 11th ed. From 2015]