Universitat Internacional de Catalunya
Civil Law 5
Other languages of instruction: Catalan
Teaching staff
By UIC's email:cmlazaro@uic.es
Introduction
This course aims to analyze the law of succession. The program focuses on the civil law of Catalonia, which is applicable to most cases in Catalonia. However, we pay attention to inheritance law of the Spanish Civil Code, widely applied in the rest of Spain.
Pre-course requirements
Objectives
The course aims that students acquire solid knowledge of one of the most important branches of private law: successions. Its regulation is characterized by having a close relationship with all other matters of private law (general part, property, contracts, family), as well as other areas of law (commercial, constitutional, taxes, Private International law). Is asserted, then, this discipline as an instrument of overview of the legal system, especially the civil area. And verified both from a theoretical and practical point of view.
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
- 15 - To develop a perception of the united nature of the legal system and the required interdisciplinary vision for legal issues
- 17 - To understand and have knowledge of public and private institutional principles in their origin and as a whole
- 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)
Syllabus
Topic 1. Introduction
I. System of distribution of the competences between the State and the CCAA in the field of Civil Law.
II. The new Statute of Catalonia.
III. Private Law Catalan. Civil code of Catalonia.
IV. Cross-border successions: EU Regulation 650/2012
V. Interregional Law
Topic 2. The Law of Inheritance within the Patrimonial Law
I. The designation of successor in general
II. The designation of successor and family patrimony
III. The designation of successor and the company
IV. Freedom of disposition and legitimate
Topic 3. The successor
I. Heir and heirs.
II. Systems of succession.
III. The successor
IV. The call to succession
V. Special Assumptions in the Institution of the Heir
VI. Distinction between heir and legatee
Topic 4.- The inheritance
I. Structure of the succession due to death.
II. The Heritage
III. Responsibility of the successor.
Topic 5 The legacy lying
I. Different points of view of approaching the succession
II. The legacy lying
III. Special situations in order to accept or renounce the inheritance
IV. The litigiousness of the inheritance
Topic 6 The Wills
I. Concept
II. Advantages and disadvantages of making a will
III. Ability to make a will.
IV. Testamentary forms
V. Codicil
VI. Testamentary memories
Topic 7 Interpretation and ineffectiveness of inheritance regulations
I. The interpretation of the will
II. Rules of interpretation of the will
III. Nullity of the will
IV. Revocation
V. Expiration
Topic 8.- The heir and his substitutes
I. The institution of heir
II. Special forms of institution.
III. Hereditary substitutions.
IV. The trustee substitution
V. The residual trust
VI. Preventive substitution
Topic 9.- The testamentary executors
I. The figure of the heir as executor of the will of the testator
II. The execution of the will of the testator
III. The heir distributor
IV. The trustworthy heir
V. The executors
Topic 10 Legacies
I. Concept
II. What are the legacies for?
III. Subjects: the taxable, and the beneficiary or legatee
IV. Object
V. Form
VI. Special rules of denunciation, acquisition and resignation
VII. Classification of legacies
VIII. Compliance with the legacy
IX. Typology in the legacies
X. Legatee's guarantees
XI. Revocation, inefficiency and rescission of the arrivals
XII. Reduction of legacies
Topic 11 Successory Agreements
I. The inheritance agreements in Catalan Law
II. The new regulation of inheritance agreements
III. Concept and characteristics of succession agreement (431.1)
IV. Subjects
V. Object
VI. Forms and advertising in the succession agreement
VII. The inheritance
VIII. Contents of the succession agreement
IX. Effects of the universal agreement
X. Inefficacy of the pacts
XI. Private succession agreements (431-29)
Topic 12 Donations for cause of death and mode
I. Concept
II. Utility of the figure and limitations
III. The types of donations "mortis-cause"
IV. Requirements
V. Effects
VI. Inefficiency
Topic 13.- Legal succession
I. Sense of succession ab intestate
II. Relationship between testate and intestate succession
III. Degrees and lines of kin
IV. Orders to happen
V. Succession of the Generalitat
VI. Adoption (special rules)
VII. Succession of the impubent
Topic 14. Legitimate and fourth vidual
I. What are the legitimate ones, and what is their meaning?
II. Attribution of the legitimate in life, and possible resignation
III. Amount, imputation, acquisition and payment of the legitimate.
IV. Protection of the legitimary
V. Extinction of the legitimate
VI. The fourth vidual
Topic 15. Delation, acceptance and renunciation
I. The hereditary denunciation
II. Legal capacity to succeed.
III. Death without accepting or repudiating: ius transmisionis
IV. Acceptance (art, 461-3 and 4)
V. Nullity of acceptance and renunciation (art, 461-10)
VI. Right to accrete
VII. Effects of ordinary acceptance (without benefit of inventory) (art, 461-18)
VIII. The benefit of separation of patrimonies
Topic 16. The hereditary partition
I. The hereditary community
II. The hereditary partition
III. The collation
IV. Effects of the partition
Teaching and learning activities
In person
Each lesson will begin with a Masterful explanation of the subject that students can complete with the online Manual.
Various activities such as practical cases and self-assessment exercises will complement the topic.
| TRAINING ACTIVITY | COMPETENCES |
|---|---|
| Presenting concepts and their practical application in the classroom | 01 04 17 |
| Classroom activities in order to follow up on students (both individual and in a group) | 02 03 15 22 23 24 |
| Student independent study | 11 17 24 |
| Individual and group projects | 22 23 24 30 |
Evaluation systems and criteria
In person
The final grade for the course in the ordinary call will be obtained by two means:
Continuous evaluation (50%)
The final exam (50%)
-The continuous assessment consist of multiple choice questions (10 for lesson).
-The final exam will be written (develop answer; no multiple choice).
The subsequent evaluations corresponding to extraordinary calls will be written (develop answer) and the continuos evaluation won't be considered.
Bibliography and resources
a) Books
Bosch, Del Pozo, Vaquer: Derecho civil de Cataluña. Derecho de sucesiones. Marcial Pons
Garrido Melero, Martín: Derecho de sucesiones. Marcial Pons.
Gómez Taboada, Jesús: Derecho de sucesiones de Cataluña: teoría y práctica. Lex Nova.
b) Webs
- www.notariosyregistradores.com