Content

GENERAL THEORY OF CONTRACT

ITEM 1. PRIVATE AUTONOMY. THE CONTRACT AND ITS ELEMENTS

1. Facts and legal acts. The declaration of Will. The legal value of silence

2. Private autonomy: limits. The principle of non-discrimination.

3. The contract:

3.1. Concept and characteristics.

3.2. The "Consumer Contracts": concept of "consumers and users"

4. Elements of the contract:

4.1. Consent: Concept and requirements

4.2. The object: concept and Requirements

4.3. The cause: concept and requirements

5. Shape: concept and kinds of shapes

5.1. The form in consumer contracts

Item 2 Formation of the contract

1. Duties and responsibility in the pre-contractual phase:

1.1. Duties of information in the offer or publicity. Illicit or unfair trade practices.

1.2. Preliminary treatment: Principle of good faith and responsibility for the breakdown of preliminary treatment.

2. Formation of the contract:

2.1. The offer of the contract: concept, content, revocation of the offer.

2.2. Acceptance: concept, requirements, time to issue acceptance.

2.3. The perfection of the contract: moment; Distance recruitment; Contracting by electronic means

3. The Precontract: Legal configuration

ITEM 3. GENERAL CONDITIONS OF CONTRACTING. ABUSIVE CLAUSES AND THE INTERPRETATION OF THE CONTRACT

1. The recruitment in series: Configuration and characterization.

2. General conditions of recruitment: concept; Incorporation control.

3. Abusive clauses: concept; Control of incorporation, transparency and content. Legal effects.

4. Registration of general conditions of recruitment.

5. Interpretation and integration of the contract:

5.1. hermeneutical canons.

5.2. The integration of the contract.

ITEM 4. IRREGULAR FORMATION OF THE CONTRACT

1. The absolute lack of consent:

1.1. Dissent

1.2. The Declaration without seriousness or declaration Iocandi Cause

1.3. The Mental reserve

2. Simulation: Elements and classes; Legal Consequences

3. The vices of Consent: characterization

3.1. The Declaration without Freedom: violence and intimidation

3.2. The error in the formation of consent: types and Requirements

3.3. The Dolo: concept, classes and legal regime

 ITEM 5. EFFECTIVENESS AND MODIFICATION OF THE CONTRACT

1. Contractual efficacy:

1.1. Typical contractual efficacy

1.2. The efficacy of third parties: analysis of the different assumptions.

1.3. The trust business.

2. The modification of the contract:

2.1. Modification of the contract by alteration of the circumstances.

2.2. The assignment of the contract

2.3. The subcontract

 ITEM 6. INEFFECTIVENESS AND INVALIDITY

1. Invalidity; inefficiency; non-existence: conceptual precisions.

2. Nullity:

2.1. Concept and Causes

2.2. Nullity Action

3. Voidability:

3.1. Concept and Causes

3.2. The Challenge action

3.3. Confirmation

4. The Termination

4.1. The Unfair advantage and injury in more than half. The termination in Catalan law.

CONTRACTS IN PARTICULAR

ITEM 7. THE MANDATE AND THE FIGURE OF THE MANAGEMENT OF FOREIGN BUSINESSES 

1. Representation in general: concept, classes.

2. The mandate contract: mandate with representation and without representation.

3. Mandate and management of foreign businesses.

ITEM 8. THE CONTRACT OF SALE

1. The sale: concept and characters. Civil trading; Commercial of consumption.

2. Subjects and capacity. Prohibitions on buying

3. Object: The thing and the price. The sale of future goods and the sale of foreign goods. The plurality of sales of the same well

4. Seller's obligations

5. Buyer's obligations

6. The Covenant of Reserve of Dominion and of resolute condition

7. The question of risks

8. Special purchases: The sale of a letter of grace and sales of movable property in instalments

ITEM 9. THE CONTRACT OF EXCHANGE AND TRANSFER OF PROPERTY

1. The Swap:

1.1. Conceptand characters

1.2. Reporting obligations of the parties: eviction and hidden vices

2. The transfer of property or building in exchange for future construction:

2.1. Concept and Configuration

2.2. Object and content of the contract.

2.3. The regime of non-compliance

2.4. Guarantees and extinction

 ITEM 10. LEASE OF THINGS

1. The lease of thing: general legal regime.

2. Renting

3. Legal regime for urban leases:

3.1. Rental of housing and leasing for non-housing use

4. The Rustic leasing contract: basic notions.

ITEM 11. THE LEASING OF SERVICES AND WORKS

1. The contract for the leasing of services: concept; Object Duration Rights and duties of the parties; Termination of the contract

2. The contract of deposit: legal system.

3. The contract of lease of work: concept; Object Rights and duties of the parties; The question of risks; Termination of the contract

3.1. The contract of work in the law of management of the building.

4. The provision of services and works in collaboration contracts: the company contract.

ITEM 12. LOAN AND FINANCING CONTRACTS

1. Loan for use. Legal system

2. Loan for consumption. legal system

3. The hiring of real estate credit.

4. Consumer credit.

5. Financial leasing.

ITEM 13. ALEATORY CONTRACTS

1. Aleatory contracts: concept; Alea or "luck"; Legal settings

2. Gambling, Wagering and Betting contracts.

3. Life Annuity

4. The life-food contract

5. Introduction to the insurance contract

ITEM 14. EXTRAJUDICIAL CONFLICT RESOLUTION SYSTEMS

1. The Transaction.

2. Mediation.

3. Arbitration:

3.1. Ordinary arbitration

3.2. Consumer arbitration. The out-of-court resolution of online consumer litigation.

 

 

 

The learning process starts, mainly, from the student's continuous work, through a process of assessment of the assumption of the knowledge and set formative objectives, which make known, through tests of different typology, the academic progress to throughout the course, in a way that allows the improvemenet of knoweledge..
										
											
										
											The development of the teaching of the subject and the training of the student, is based on the following training activities:
										
											
										
											1. Directed: the teacher is present and is the main protagonist. They respond to a specific time schedule and the direction of the teaching staff is required.
										
											
										
											2. Supervised: they also respond to a predetermined schedule, teachers and students are present and the paper is shared. These are activities that need teacher supervision.
										
											

The evaluation must be based on a minimum of three evaluable activities, corresponding at least to two different types (example of possible non-exhaustive typologies: practices, course work, oral presentations, argumentation and debate, attendance, participation, exams. ..). None of the typologies can represent more than 50% of the final qualification.
										
											The evaluable activities will be distributed throughout the course. So it is not possible to do a single test with three well differentiated parts that correspond to two different types. A practice not adjusted to the parameters would be the realization of a final exam with a long question, a test type test and a practical case.
										
											A correct example could be the realization of a final theory exam with a value of 50%; the resolution of 2 practical cases during the academic year, with a value of 40%, and a presentation in class during the course with a value of 10%.


Schedule of evaluation activities In each teaching group will be published in the Virtual Campus, before the start of teaching, the specific date or the week of realization of evaluable activities, notwithstanding that, exceptionally and for justified reasons, these can be modified with notice and advance enough. Ony the evaluation activities are required, not the rest of the learning activities that can be done.

Procedure for review of qualifications
										
											
										
											The student has the right to review the different results of the evaluation activities.
										
											The ordinary review of the evaluation activities will begin, at least, twenty-four hours after the notes have been made public, or the same day if it has been publicly announced before.
										
											The request for review will be made directly to the faculty responsible for the subject that has made theevaluation. The review must be, in any case, personal and individualized.
										
											In case of disagreement with the final qualification, students will have a period of fifteen calendar days, from the date set by the academic calendar as the deadline for closing the minutes, to submit a reasoned request for review. This request will be submitted to the dean, and will be delivered to the corresponding academic management.

Re-evaluation procedure. In the exam of recovery the students are examined of all the matter of the subject. To be eligible for reevaluation, students must have obtained a minimum qualification of 3 in the average of the subject.

Warning!!!