Degree | Type | Year | Semester |
---|---|---|---|
2500786 Law | OT | 4 | 2 |
Is required Knowledge of patrimonial civil law, family law and civil liability.
The objectives are as follows:
1. Knowledge of the fundamental concepts of inheritance law
2. Organization of a mortis causa succession
3. Making the students to deal with the practical problems for successful careers in the future
4. Knowledge of case law doctrine lines
LESSON 1. THE SUCCESSION
1. Concept of succession.
2. The law of succession applied to Catalonia
2.1. Rules of private international law and interregional law. Special reference to the European inheritance regulations
2.2. Spanish inheritance legislation
2.3. Catalan law applicable to the succession because of the death date.
3. Object of the succession: the inheritance: composition. Digital memory. Succession without an heir
4. The cause of the succession
5. The successor:
5.1. Inheritance titles: the heir and the legatee
5.2. Doubtful cases of distinction between heir and legatee: The heir ex re certa, the legacy of the aliquot part, the usufructuary heir
LESSON 2. PHASES OF THE INHERITANCE ACQUISITION
1. The succession foundation
2. The opening of the succession: the unclaimed inheritance. The possession. The hereditary right: Concept and elements
3. Hereditary vocatio:
3.1. Inheritance capacity and disability
3.2. Indignity and unworthy rehabilitation
4. Hereditary delatio:
4.1. Types
4.2. Effects: the ius delationis and the ius transmissionis
4.3. Plurality of delatios in favor of the same person over the same inheritance
4.4. Concurrence of delatios: the right to increase
LESSON 3. THE TESTAMENT, THE CODICIL AND THE TESTAMENTARY MEMORIES
1. The testament:
1.1. Concept, characters
1.2. The testamentary capacity: age and natural capacity.
1.3. Content: property and non-property provisions
1.4. Kinds of testaments: holographic, open and closed testaments
2. The codicils: concept, form, content
3. The testamentary memories: concept, form, content
4. The interpretation of the testamentary will
4.1. Object of interpretation
4.2. Approach principles and criteria
5. The failure of the testament, codicil and testamentary memories:
5.1. The nullity. Causes and consequences. Challenging a purported will. Conversion and validation of the void testament
5.2. The revocation: concept, types and effects. Material revocation of the holograph will. Incompatible provisions
5.3. The expiration
5.4. The ineffectiveness by erroneous preterition and ineffectiveness by marital crisis or cohabitation crisis.
LESSON 4. THE HEIR
1. The institution of heir: characterization, requirements: identification and determination
2. Special rules in case of plurality of heirs
3. Modalities of the institution. General concepts:
3.1. The suspensive condition
3.2. The term: the heir for life
3.3. The inheritance mode: concept, types, effects
3.4. Provisions prohibiting disposal
4. Fiduciary provisions:
4.1. The designation of heir by trustee: cases, effects
4.2. The inheritance and the trusted legacy: concept, content, effects, inefficiency
5. The executor. Concept. Types. Legal regime
LESSON 5. THE HEREDITARY SUBSTITUTIONS
1. The hereditary substitution: concept and types
2. Vulgar substitution:
2.1. Concept and cases
2.2. The denunciation
2.3. Effects
3. Pupillary and exemplary substitution: concept and legal regime
4.The Fideicommisum:
4.1. General provisions: concept, forms, limits and classification
4.2. Interpretation of Fideicommisum: approach rules, presumption of condition
4.3. Pending the Fideicommisum:
4.3.1. The figure of the fiduciary heir. Administration and disposition of hereditary assets. Responsibility of the fiduciary heir. The “cuarta trebelianica” or free quota
4.3.2. Protection of the right of the fideicommissary heirs
4.4. The delatio of the Fideicommisum: acquisition and effects of the delatio. The challenge of the dispositive acts. Fideicommissary heirs’ responsibility
5. The waste Fideicommissum and the preventive substitution of waste: concept and legalregime
LESSON 6. THE LEGACY
1. Concept and characteristics
2. Structure:
2.1. The Subjects: Term legacies and under condition
2.2. Object: Rights and property
3. Effectiveness of Legacie
4. Legal regime of the Legacy:
4.1. Delatio, repudiation and acceptance
4.2. Compliance, risks, fruits
4.3. Actions and guarantees of the legatee. The “cuarta falcidia” or fourth minimum inherited
5. Classification of Legacies
6. Failure and reduction of Legacies
LESSON 7. THE INHERITANCE AGREEMENTS AND THE “MORTIS CAUSA” DONATIONS
1. Inheritance agreements:
1.1. Concept, subjects, content, form, inefficacy and resolution
1.2. Classification of inheritance agreements:
1.2.1. Contractual Heir. Concept and classification. Effects in life of the inheritor and when the succession is opened
1.2.2. The inheritance agreement concerning certain assets. Concept and classification
1.3. The inheritance agreements and family business protocols.
2. Mortis Causa Donations:
2.1. Concept and characteristic features: the contemplatio mortis and the revocability
2.2. Legal regime:
2.2.1. Capacity, purpose, property transfer and failure
2.2.2. Reference to the Legacy and inter vivos donations rules
LESSON 8. INTESTATESUCCESSION
1. Concept and intestate succession function. The opening of the intestate succession
2. The ab intestato heirs:
2.1. The relationship. The right of representation
2.2. Succession orders:
2.2.1. Right of children and descendants
2.2.2. Succession of the surviving spouse or cohabitant
2.2.3. Right of parents and ascendants
2.3.4. Right of the collateral
3. Intestate succession in case of adoption
4. The intestate succession of the pre-pubescent
5. The intestate succession of the Catalan Generalitat
LESSON 9. LEGAL ATTRIBUTION
1. The Forced Share
1.1. Concept. Legal nature. Delatio
1.2. The beneficiaries. Deprivation and preterition. Right of representation.
1.3. The calculation of the global and individual Forced Share. Computing and imputation
1. 4. The payment of the Forced Share:
1.4.1. The attribution of the Forced Share by the deceased
1.4.2. Intangibility and supplement of the Forced Share
1.4.3. Valuation of assets
1.4.4. Responsibility
1.5. The “inoficiosidad”
1.6. Extinction of the Forced Share. Renounce. Prescription
2. The quarta uxoris
2.1. Concept. Legal nature. Requirements
2.2. Calculation. Payment. Claim action. Guarantee
2.3. Extinction and forfeiture
LESSON 10. THE ACQUISITION OF INHERITANCE
1. Hereditary acquisition systems
2. Capacity to accept and renounce
3. The interpellatio in iure
4. The acceptance:
4.1. Concept and requirements
4.1. Shapes. Tacit acceptance
5. The renunciation
5.1. Concept and requirements
5.2. Loss of the power to renunciate
5.3. Renunciation of inheritance to the detriment of creditors
6. Effects of acceptance:
6.1. Confusion of assets, unlimited liability.
6.2. Accepting succession cum beneficio inventarii: without liability to debts beyond the assets descended.
LESSON 11. THE HEREDITARY COMMUNITY. THE PARTITION AND THE COLLATION
1. The hereditary community:
1.1. Legal configuration: duration
1.2. Legal system: administration and disposition of hereditary assets
2. The partition or sharing out a succession:
2.1. Legitimation. Suspension
2.2. Partial operations. Classification of partitions. The inheritance arbitration
2.3. Efficiency of the partition. Rescission by injury
2.4. Dispute of the partition. Liability of the joint heirs
3. The collatio
3.1. Concept
3.2. Collatable goods and their valuation
3.3. Beneficiary
LESSON 12. THE PROTECTION OF HEREDITARY RIGHT
1. The claim to an inheritance:
1.1. Legitimized
1.2. Object
1.3. Inheritance claim and usucapion (acquisitive prescription)
2. The apparent heir:
2.1. Concept
2.3. Legal Regime: protection of third party in good faith and for onerous title purchasers.
The learning process is based on the work of the student, who learns by doing, being the teacher's task to help by supplying information and showing where the juridical sources can be obtained.
Teaching, the student's training and the learning process are based on the following activities:
1. Activities directed by the teacher:
1.1 Lectures: the student can reached the fundamentals, the legal framework and the leading cases of the subject matter.
These lectures are the kind of activities in which less interactivity is required from the student and are conceived as a fundamentally one-direction method of transmitting knowledge on the side of the teacher. The theoretical class does not necessarily have to involve a passive position of the student since it can be built by both lecturer and studients or theoretical knowledge can be produced by the students and the teacher applying technology, for example, creating a wiki, via moodle. Theoretical content can be worked on from questions asked by the students or by the teacher in the classroom or from news which are published by media, etc.
1.2. Workshops: The lecturer will suggest at the beginning of the academic year the activities that he or she considers as pertinent to the effects of the ongoing student assessment by means of the publication in the classroom moodle the calendar with the chronogram activities. These are a kind of activities that students will develop in the classroom, with the supervision and support of the teacher.
Planned activities:
i) Exam of the part of the programm' subject matter, which is expected to release the student of such part (20%). 6 out of 10.
ii) Preparation by the student of one or two cases that are later solved in class and of which a document must be written (5%)
iii) Oral presentation of case law I(5%)
iv) Solving cases presented by the teacher (5%)
v) Oral presentation of case law II (5%)
vi) Oral presentation of a poster on a very specific topic chosen by the student (10%)
2. Supervised activities: Tutoring
3. Students autonomous activities:
3.1. Production of legal documents: Analyzing of leading cases proposed in advance by the teacher extracted from court rulings or the performance of schemes of some sections of the matter proposed by the teacher, the development of a glossary of concepts. A exam is also proposed as an autonomous activity, the type of which will be determined by the teacher at the beginning of the academic year.
3.2. Search of bibliography and leading cases as good preparation for the exam.
3.3. Comprehensive reading of legal texts: Legal texts may be judgments, rules, journal articles or monographs, in addition to the suggested Handbooks. The specific material will be determined by the teacher during the academic year.
3.4. Learning
Annotation: Within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.
Title | Hours | ECTS | Learning Outcomes |
---|---|---|---|
Type: Directed | |||
Practical application of theoretical knowledge | 22.5 | 0.9 | 2, 23, 10, 21, 15, 14, 8, 20, 22, 25 |
master classes | 22.5 | 0.9 | 1, 3, 5, 23, 10, 21, 8, 20, 18, 25 |
Type: Autonomous | |||
assessment | 5 | 0.2 | 1, 4, 10, 11, 21, 12, 25, 26 |
job writing | 15 | 0.6 | 2, 4, 6, 5, 23, 7, 10, 13, 15, 14, 12, 25 |
reading of legal texts | 25 | 1 | 2, 6, 7, 21, 15, 8, 20, 18 |
search for bibliography and jurisprudence | 16.5 | 0.66 | 4, 7, 11, 13, 17, 15, 16, 20, 12, 26 |
study | 43.5 | 1.74 | 1, 23, 10, 21, 14, 8, 12, 22, 26 |
MARKS AND ASSESSMENT SYSTEM (5 Hours)
ORDINARY MARKS AND ASSESSMENT SYSTEM:
I. Ongoing assessment of the student:
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 6 out of 10.
2. The resolution of two cases and subsequently the production of a legal document (10%), oral presentacion in the classroom of case law (10%), oral presentation of a poster concerning an issue that studiants may choose (10%) are taking into special consideration by the teacher for the student assessment.
II. Final exam:
Every student, whether or not has passed the ongoing assessment, CAN ATTEND 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 50% of the final mark. Final exam is 50 % of the final mark as well. In order to pass the final examn it s required a minimum mark: 2,5 out of 5. Furthermore, it is mandatory to get a minimu score of 2,5 in the final examen in order to average with the ongoing assessment final score.
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. However, the oingoing assessment score will be taken into account.
Students must get a score of at least 5 in order to pass the course. The final grade will be such achieved in the reassessment plus the ongoing student asessment marks.
Title | Weighting | Hours | ECTS | Learning Outcomes |
---|---|---|---|---|
Synthesis examination | 50% | 0 | 0 | 1, 2, 6, 5, 7, 9, 10, 21, 13, 17, 15, 20, 19, 18, 12, 22, 24, 25, 26 |
assessed activities | 50% | 0 | 0 | 1, 2, 4, 6, 5, 7, 10, 11, 8, 16, 19, 12, 25, 26 |
reassessment | 100% | 0 | 0 | 1, 2, 6, 3, 23, 10, 11, 14, 16, 18, 12 |
Bibliography:
1. Legislation:
- Law on Book IV of the Civil Code of Catalonia and complementary legislation
- Spanish Civil Code
2. Basic bibliography:
- Derecho civil de Cataluña. Derecho de sucesiones. Antoni Vaquer – Pedro del Pozo – Esteve Bosch, Marcial Pons, 2017.
- Lliçons de Dret Civil Català VII. dret de Successions. Mª del Carmen Gete-Alonso- Judith Solé, València, Tirant lo Blanch, 2020 (https://biblioteca-tirant-com.are.uab.cat/cloudLibrary/ebook/show/9788413369136).
- Dret civil català. Dret de successions. Vol. III, Adolfo Lucas (dir.), Bosch, 2010.
- Curso de derecho civil, V. Derecho de sucesiones. Manuel Albaladejo, Ed. Edisofer, 11 ed., 2015.
- Elementos de derecho civil, V, Sucesiones, José Luis Lacruz Berdejo y otros, Ed. Dykinson, 2007.
3. Complementary bibliography:
- Comentaris al Llibre IV del Codi civil de Catalunya, Dret de successions, Joan Egea – Josep Ferrer (dirs.), 2 vols., Atelier, 2009.
- XV Jornades de Dret català a Tossa, El nou dret successori del Codi civil de Catalunya, Àrea de dret civil, UdG (coord.), Documentia Universitaria, 2009.
- Tratado de Derecho de sucesiones, Mª del Carmen Gete-Alonso (dir.), Judith Solé (coord.), Thomson Reuters, 2ª edic., 2016.
- Cuestiones de Derecho Sucesorio catalán. Principios, legítima y pactos sucesorios, Lídia Arnau- Mª Luisa Zahino (dirs), Marcial Pons, 2015.
There is not such activity