Content

The positive law object of study and evaluation is the Civil Law applicable in Catalonia.

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  IN CATALAN CIVIL LAW.

1. Representation in general: concept, classes.

2. The mandate contract in Catalan Civil Law: mandate with representation and without representation.

3. The management of foreign businesses in Catalan Civil Law.

ITEM 8. THE CONTRACT OF SALE IN CATALAN CIVIL LAW

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: Conceptand characters

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

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 lawof management of thebuilding.

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. The "Violari"contract  in Catalan Civil Law

4. The life-food contract in Catalan Civil Law

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.

 

 

 

Methodology

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 teaching of the subject and training is developed on the following activities:

1. Directed activities:

1.1 Theoretical classes: in which the conceptual and legal bases of the subject are assumed. The theoretical classes are conceived as a fundamentally unidirectional method of transmitting the knowledge of the teaching staff to the students, which does not exclude the participation in class and the maintenance of a learning attitude.

 1.2. Seminars:The attendance at the seminars is compulsory.

in which previously elaborated practical cases are analysed and resolved with the teachers' direction. On specific occasions, the cases will be elaborated in class. The basis of the practical work is the understanding and critical application of the regulations and jurisprudence related to the essential content explained in the theoretical classes.

2. Autonomous activities:

Fundamentally are those related to the study of the subject to assume the basic knowledge. In addition to the study, they include, among others:

2.1. The preparation of documents: those required for seminars. They can be in relation to practical cases proposed in advanceor that have to be created by the students. A partial exam is part of the autonomous activity, whose specific form is determined by the teachers of each group.

2.2. Search of bibliography and instrumental jurisprudence for the resolution of the practical cases and the preparation of the exam.

2.3. Comprehensive reading of legal texts: The texts can be sentences, journal articles, monographs. The faculty of each group will determine the type of text.

Part of the material of the activities is made available to students through the Virtual Campus.





										
											
										
											
										
											

I. Ongoing assessment of the student (60%):


1. There is an exam of part of the content of the program that it will be considered the 20% of the final mark. In order to pass the exam the student has to reached just 5 out of 10 and it is expected that the student could be released of such part.


2. The resolution of cases and subsequently the production of a legal document(20%), oral presentacion in the classroom of case law (10%), debates on current legal topics in relation to the programm of Civil Law I (10%). 

II. Final exam (40%):

Every student, whether or not has passed the ongoing assessment, has access to the final exam.

The specific type of exam (oral, written, development of relevant questions, multiple choice, etc.) will be determined by the teaching team. Students will be tested on all subject.

III.Marks system

Ongoing student assessment is 60% of the final mark. Final exam is 40 % of the final mark as well. Students should have reached a score of 5 out of 10 as final mark in order to pass the academic year in this field of law.

REASSESSMENT: Students must obtain a grade of at least 3 between the ongoing assessment mark and that of the final exam to be eligible for reassessment. Students will be assessed for all the matters presented during the course. Students must obtain a score of at least 5 in order to pass the course. The final grade will be such achieved in the reassessment.

CALLS

Those settle by the academic bodies.

Warning!!!