Civil Law 1
Main language of instruction: Spanish
Other languages of instruction: Catalan
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 PARTE. INTRODUCTION
Topic 1. Private Law and Civil Law
1.1. Private and Civil Law
1.2. The creation of moderno 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. exclusiones
Topic 4. The Objective of Law
4.1. Subjects and outcomes
4.2. Classification of the subjects
4.3. Patrimony
SECOND PARTE. 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 for the course will be made up of the final exam grade, which will count 70%, and the continuous assessment grade, which will count 30%.
The final exam will be written and it will be necessary to get at least a five to pass the course.
The continuous assessment consists of the following tests with their corresponding assessment in 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. Dates are not anticipated in advance because they are made based on the time devoted to the topics.
2. On April 8, the positive law memorandum will take place. It is an oral test. Information about it will be posted in the materials section. The memorandum test will count up to 20% of the final grade.
Class attendance is mandatory. Each absence drops 0.1 from the final grade from the 5th absence to class.
Regardless of the continuous assessment, a written partial liberatory exam will be held on March 2. Those who pass it (from 5 onwards) will not have to take the subject in the final exam. Your grade will average with the final exam and that average will count for 70% of the final grade. Those who fail will have all the material for the final exam. The first 4 topics of the program enter in the midterm exam.
Continuous assessment will not be taken into account in the July 2nd call exam.
If the classes cannot be done in person, changes may be made in the continuous assessment.
| EVALUATION SYSTEM |
|---|
| 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.