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Civil Law II

Code: 102240 ECTS Credits: 6
2024/2025
Degree Type Year
2500786 Law OB 2

Contact

Name:
Guillem Izquierdo Grau
Email:
guillem.izquierdo@uab.cat

Teachers

Xavier Cecchini Rosell
Fernando Hurtado Parras
Maria Planas Ballvé
Guillem Izquierdo Grau
Laura Arroyo San Jose
Ricardo Fernando de la Rosa Fernandez
Montserrat Martin Bover
Maria Isabel Garcia Ruiz

Teaching groups languages

You can view this information at the end of this document.


Prerequisites

Preliminary note


In order to follow and make the most of Civil Law II, it is necessary to have a good knowledge of Civil Law I and of the concepts of property law in Roman Law. It is essential to have knowledge and use of legal terminology.
Beginning of the course and schedule of the teaching sessions:
The course will begin on 9 September.
Each semester consists of 15 teaching weeks. During the first week, 3 hours of teaching will be theory.
The teaching of the course will be given taking into account the perspective of the Sustainable Development Goals.
The assigned teaching groups and professors are as follows:

102240-DRET CIVIL II

Grup

Professorat

Horari

Idioma

 

1

Cecchini

dm.10.15 - 11.45 h

 catalan

 

2

Camacho

dll.13.35 -15.05 h

 spanish

 

51

Izquierdo

dm. 17.45 -19.15 h

 catalan

 

seminaris

11

De la Rosa

dm.8.30-10 h

 spanish

 

12

Planas

dm.8.30-10 h

 catalan

 

13

Cecchini

dm.8.30-10 h

 catalan

 

21

A determinar

dll.12-13.30 h

 catalan

 

22

Hurtado

dll.12-13.30 h

 catalan

 

23

Camacho

dll.12-13.30 h

 spanish

 

511

Garcia

dm. 16 - 17.30 h

 spanish

 

512

Arroyo

dm. 16 - 17.30 h

 catalan

 

513

Izquierdo

dm. 16 - 17.30 h

 catalan

 

70

Cecchini

dj. 10,15-11,45 h.

 catalan

 

701

Hurtado

dj. 8,30-10 h. 

 catalan

 

702

Martín

dj. 8,30-10 h. 

 catalan

 

703

Cecchini

dj.  8,30-10 h. 

 catalan

 

 

 


Objectives and Contextualisation

Dret Civil II (Obligations) is one of the parts in which the subject of Civil Law in the Degree of Law is distributed, academically for teaching and evaluation:
It is located in the first semester of the second year. The matter focuses on the relations of credit and debt, the fundamental concepts and the regime of the patrimonial relations.
It is an essential subject in the Degree, the concepts, institutions and regimes of these relationships are necessary for Civil Law and the rest of the legal subjects of the Degree.
This subject is academically necessary to acquire and take on the general concepts of the obligatory relationships developed later in the other subjects of civil Law and especially in the optative subjects. Civil Law II (Obligations) is the basis from which will be developed, on the one hand, Dret Civil III (Contracts) and Dret Civil IV (Real Rights) and of another, the optionally subjects of Family Law, Law of Succession and Civil tort. In addition, this subject has a special impact on a large part of other subjects of the Degree.

Among the specific objectives, the study of the Dret Civil II (Obligations) will allow the student:

- Identify the object, sources and fundamental concepts of the right to obligations, and assume them.

- Distinguish and identify juridical relationships.

- Understand and assume the basic elements of the regime of the obligations.


Competences

  • Apprehending the necessary mechanisms in order to know, assess, and apply the legislative reforms as well as to follow the changes produced in a concrete subject.
  • Contextualizing the several forms of creation of law in its historical evolution and its current situation.
  • Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  • Identifying the underlying conflicts of interest in disputes and real cases.
  • Identifying, knowing and applying the basic and general principles of the legal system.
  • Managing bibliographic and documentary resources: databases, browsing, etc.
  • Planning and organising: managing of time, resources, etc.
  • Properly analysing the issues related to equality between men and women.
  • Searching, interpreting and applying legal standards, arguing every case.
  • Students must be capable of communicating their points of view in a compelling way.
  • Students must be capable of demonstrating a critical awareness of the analysis of the legal system and development of legal dialectics.
  • Students must be capable of learning autonomously and having an entrepreneurial spirit.
  • Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
  • Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.

Learning Outcomes

  1. Analysing the fundamental concepts of civil law.
  2. Analysing the specific institutions of the property law.
  3. Applying communicative strategies in order to identify and explain legal conflicts in the different fields of civil law, family law, successions, consumption, minors and civil responsibility.
  4. Applying concepts in a cross-cutting way to the several subjects of civil Law from the jurisprudence of the different jurisdictional bodies.
  5. Applying strategies in order to produce written and oral texts in the several fields of civil law.
  6. Applying the knowledge acquired in the preparation of documents that reflect specific legal interests.
  7. Contextualising the creation forms of Law in the property field.
  8. Critically interpreting the foundations of the civil law.
  9. Defining the European and international concepts in terms of equality.
  10. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  11. Distinguishing the socio-legal context of several civil institutions.
  12. Drawing up written texts (contracts, wills).
  13. Identifying the conflicts of interest that are trying to be solved by the legislator when elaborating civil regulations.
  14. Managing bibliographic and documentary resources: databases, browsing, etc.
  15. Planning and organising: managing of time, resources, etc.
  16. Presenting orally, with a critical discourse, the reforms of civil institutions.
  17. Producing oral and written texts and presenting points of view about civil-legal institutions.
  18. Producing oral and written texts of egalitarian discourse.
  19. Producing oral texts in the several fields of civil law, showing specific communicative abilities.
  20. Producing reports about new legal changes.
  21. Solving interferences between the several conflict interests of civil regulations.
  22. Students must be capable of communicating their points of view in a compelling way.
  23. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  24. Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
  25. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.

Content

The positive law that is the subject of study and assessment is the Civil Law applicable in Catalonia.


TOPIC 1. THE LEGAL RELATIONSHIP
1. The legal relationship: 1.1. Concept and types; 1.2. Structure
2. The subjective right: 2.1. Structure; 2.2. Classes; 2.3. Secondary legal situations.
3. The object: goods and things: 3.1. Concept and characteristics.
4. The patrimony: concept and functions.


TOPIC 2. THE OBLIGATORY RELATIONSHIP
1. The obligatory legal relationship: 1.1. Concept and structure; 1.2. Characteristics
2. The claim.
3. Debt.
4. The object: 4.1. Concept; 4.2. Requirements
5. Debit and liability: 5.1. Concept; 5.2. The natural obligation


TOPIC 3. THE SOURCES OF THE OBLIGATORY RELATION
1. The sources of obligations
2. Obligations derived from the law.
3. Contract.
4. Non-contractual sources: 4.1. Quasi-contracts; 4.2. Civil liability
5. Unilateral will


TOPIC 4. TYPES OF OBLIGATIONS (I)
1. Obligations to give, to do and not to do: 1.1. The obligation to do; 1.2. The obligation not to do; 1.3. The obligation to give; 1.4. The obligation of means and the obligation of result.
2. Generic and specific obligations.
3. Alternative and optional obligations.
4. Money obligations: 4.1. Concept, characteristics and functions; 4.2. The Spanish monetary system; 4.3. Nominalist principle and corrections: the stabilisation clauses; 4.4. The interest obligation; 4.4. Credit cards: concept, types and functions; 4.5. Electronic money.


TOPIC 5. TYPES OF OBLIGATIONS (II)
1. Plurality of obligations: 1.1. Principal, accessory and subsidiary obligations; 1.2.
2. Unity and plurality of obligations.
3. Reciprocal or synallagmatic obligations: 3.1. Concept and characteristics; 3.2. Termination for non-performance.


TOPIC 6. CIRCUMSTANCES OF THE OBLIGATORY RELATIONSHIP
1. The circumstances of the obligatory relationship.
2. The place of the obligatory relationship.
3. The time of the obligatory relationship: 3.1. Instantaneous and lasting obligatory relationships; 3.2. The essential term of the obligation: 3.3. Immediate and deferred effectiveness of the obligation.
4. Term obligations. Concept, characterisation and types of terms. Legal regime.
5. The conditional obligation: Concept, function and classes: 5.1. Legal regime of the suspensive condition; 5.2. Legal regime of the resolutory condition.
6. The modal obligation: legal regime and effects.


TOPIC 7. GUARANTEES OF THE OBLIGATORY RELATIONSHIP
1. Guarantees of the obligatory relationship.
2. The conventional penalty.
3. Deposits.
4. The bail bond: 4.1. Concept, function, characteristics and types; 4.2. Classes; 4.3. Object and form; 4.4. The relationship between the creditor and the surety (surety relationship); 4.5. The relationship between the debtor and the guarantor (covering relationship); 4.6. The plurality of sureties; 4.7. The extinction of the surety.


TOPIC 8. PERFORMANCE OF THE OBLIGATION
1. The payment or performance of the obligation: 1.1. Concept and functions; 1.2. The principle of accuracy; 1.3. The subjects of payment: 1.3.1. The accipiens. Payment to a person other than the creditor; 1.3.3. Payment by credit card; 1.4. Place of payment; 1.5. Time of payment; 1.6. The time of payment; 1.6.
2. The imputation of payments.
3. Recovery of undue payment.


TOPIC 9. SUBSTITUTES FOR PERFORMANCE
1. The subrogates of performance. Concept and function.
2. Consignment.
3. Compensation.
4. The dation in payment.
3. Payment by transfer of assets.
4. Forgiveness.


TOPIC 10 NON-PERFORMANCE AND CONTRACTUAL LIABILITY
1. Non-performance: Assumptions.
2. The debtor's default: Concept, requirements, effects and cessation.
3. Defective performance.
4. Definitive non-performance.
5. Contractual liability: 5.1. Criteria for imputation; 5.2. Clauses modifying the debtor's liability. Fortuitous event and force majeure.
6. Injury to the claim due to acts of a third party.
7. The creditor's default: Concept, requirements, effects and cessation.


TOPIC 11. THE PROTECTION OF THE CREDIT
1. Credit protection. Measures for the preventive protection of the right to credit.
2. Consumer and user protection. Conformity and contractual remedies. The commercial guarantee.
3. The action for performance of the obligation.
4. Enforcement of the performance due.
5. Reduction of the price.
6. Compensation for damages.
7. Direct action.
8. Subrogatory or indirect action.
9. The revocatory or paulian action
10. Plurality of creditors. Preference and priority of claims: 10.1. Priority of credits.

TOPIC 12. MODIFICATION OF THE BINDING RELATIONSHIP
1. Modification: 1.1. Modification as a mechanism; 1.2. Modification as an effect.
2. Novation: 2.1. Requirements; 2.2. Effects.
3. Change of creditor: 3.1. Assignment of claims; 3.2. Subrogation.
4. Change of debtor: 4.1. Modalities of change of debtor; 4.2. Effects of the change of debtor.


TOPIC 13. THE EXTINCTION OF THE OBLIGATORY RELATIONSHIP
1. Causes of extinction of the obligatory relationship. 2.
2. Confusion.
3. Other forms of extinction: 3.1. Mutual dissent; 3.2. Denunciation per unilateral will; 3.3. Withdrawal in obligatory consumer relations.


TOPIC 14. THE PLURALITY OF SUBJECTS
1. The plurality of subjects
2. Divisible and indivisible obligations
3. Divisible or partial joint obligations.
4. Indivisible or joint and several joint and several obligations: 3.1. Joint credit; 3.2. Joint debt.
5. Joint and several obligations: 4.1. The joint and several claim; 4.2. The joint and several debt.


TOPIC 15. TORT LAW
1. Civil liability. Concept and functions
2. Types of liability.
3. Presuppositions of the obligation. Liability for own acts: 3.1. Action or omission; 3.2. Fault or negligence; 3.3. Damage; 3.4. Causal nexus.
4. Liability for acts of others: 4.1. Liability of parents and guardians; 4.2. Liability due to business dependence; 4.3. Liability of non-university educational establishments.
5. Statute of limitations


Activities and Methodology

Title Hours ECTS Learning Outcomes
Type: Directed      
Seminars 22 0.88 2, 14, 19, 21, 24
Theoretical classes 22 0.88 1, 2, 6, 8, 11, 12, 13, 14, 18, 20, 21, 24
Type: Supervised      
Tutoring and evaluation activities 1 0.04 1, 2, 4, 5, 6, 7, 8, 10, 12, 13, 16, 18, 20, 24
Type: Autonomous      
Readings, preparation and writing of texts, search of bibliography and jurisprudence. 91 3.64 1, 2, 5, 13, 14, 15, 17, 18, 19, 25
Study and work outside the classroom 10 0.4 1, 2, 8, 21

The learning process is based on the work of the person enrolled in the subject that learns working, the mission of the teacher is to provide information, indicate the sources of knowledge and supervise the work.

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 as well as learned from the doctrine and jurisprudential decisions. 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.

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.


Assessment

Continous Assessment Activities

Title Weighting Hours ECTS Learning Outcomes
Assessable activities indicated by teachers in advance which must be of two different types. At least two. 50% 0 0 5, 6, 8, 9, 10, 12, 14, 15, 16, 18, 20, 23
Final exam 50% 2 0.08 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25
Reevaluation 100% 2 0.08 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25

ASSESSMENT SYSTEM OF THE ACQUISITION OF SKILLS AND QUALIFICATIONS SYSTEM
ORDINARY EVALUATION AND QUALIFICATION SYSTEM:

I. Continuous evaluation:
The continuous assessment is made up of three main parts:
The first part is the realization of practical activities that will be carried out in the classroom with prior preparation by the students. Active participation in class will be valued. This part has a value of 20%.
The second part is the completion of a non-liberating partial exam. The faculty will determine the form and type of the exam. The value of this part is 15%.
The third part will consist of the oral presentation in class by groups of legal topics previously assigned by the teachers to the students. The value of this part is 15%.
The remaining 50% to obtain the approved subject will be made up of the final exam. The type of final exam will be specified by the teaching staff in class.
Not assessable:
Students will be assessable as long as they have completed a set of activities whose weight is equivalent to 2/3 of the subject's total grade. If the value of the activities does not reach this threshold, the teaching staff of the subject may consider the student as not assessable.

II. Final exam
Students will be able to take the final exam regardless of the grade obtained in the continuous assessment.
The subject will only be passed if a grade of 4 out of 10 or higher is obtained in the final exam.
The specific type of final exam will be written. Students are examined for the entire subject program, even if for academic or extra-academic reasons it has not been possible to give all the content in the lectures.
Students are examined for the entire subject program, even if for academic or extra-academic reasons it has not been possible to give all the content.

III. Unique assessment:
Content of the single assessment
The single assessment must have the same level of complexity as the continuous assessment and in it the students must demonstrate the acquisition of the knowledge and skills specific to each subject, in accordance with what is established in the teaching guide, in which the content of the single assessment test will be specified.
In any case, the single assessment, like the continuous assessment, must include a minimum of three assessable activities, of two different types, none of which can represent more than 50% of the final grade.
In the event that it is required to present evidence that the student has carried out independently during the academic year, on the date of the single assessment it must be verified that the student has acquired the knowledge and skills expected through his performance.
The single assessment will consist of the following tests, which must be carried out individually and individually for each student, on the official date scheduled for the final exam:
a) the resolution of a transversal practical case, where the student will have to answer the questions asked about the case. (40%)
b) the completion of a 30-question test (true/false) where incorrect questions and those left blank will be penalised. (20%)
c) the completion of a written test of theoretical content, where students will have to demonstrate their knowledge of the subject's program. (40%)

IV. Subject qualification with the continuous assessment system
The score obtained in the continuous assessment will have a value of 50% of the subject's grade. The final exam score will be worth 50% of the subject's grade.
Continuous assessment note: it will consist of the notes obtained in the practical activities proposed in the seminars, as well as the reverse teaching activities and the partial exams carried out during the course.
Final exam grade: in order to pass the subject, the final written exam must be passed with a minimum grade of 4 out of 10.
The subject will be approved by obtaining a minimum of 5 out of 10, in accordance with the established percentages.
Not assessable: the same criteria as the continuous assessment will be applied.

V. RE-ASSESSMENT
To access the re-assessment, a minimum grade of 3 out of 10 must be obtained for the subject, whether the student has opted for the single assessment or the continuous assessment. Students are examined for all the subject's program.
To be able to access lare-evaluation, you must have taken the final exam.
The subject will be approved by obtaining a minimum of 5 out of 10, in accordance with the established percentages. The final mark will be the one obtained in the re-evaluation exam.
In the re-assessment exam, the student is examined for 100% of the subject without taking into account the grade of the continuous assessment.
Students who have opted for the single assessment will have the same type of exam as in the final exam: it must include a minimum of three assessable activities, of two different types, none of which can represent more than 50% of the final grade.


Bibliography

Books

Derecho de obligaciones y contratos de Cataluña, Mª del Carmen Gete-Alonso y Calera, Judith Solé Resina (Dirs.), Atelier, 2021. 

Lliçons de Dret Civil Català IV. Dret d’obligacions. Mª del Carmen Gete-Alonso y Calera / Judith Solé Resina. Tirant lo Blanch, 2017. Available in electronic format

Derecho civil de Cataluña. Derecho de obligaciones y contratos. Pedro del Pozo Carrascosa/Antoni Vaquer Aloy/Esteve Bosch Capdevila. Marcial Pons 2018

Elementos de Derecho civil. Derecho de obligaciones. José Luis Lacuz Berdejo et alii. Dykinson 5ª ed, 2013

Legal Texts

Codigo Civil español

Codi Civil de Catalunya

Texto Refundido de la Ley General de Consumidores y Usuarios

Codi de Consum de Catalunya

LINKS

http://justicia.gencat.cat/ca/ambits/dret_civil_catala/

http://www.mjusticia.gob.es/cs/Satellite/Portal/es/actividad-legislativa/normativa

https://www.boe.es/legislacion/

http://www.poderjudicial.es/search/indexAN.jsp


Software

The subject does not require any specific software.


Language list

Name Group Language Semester Turn
(TE) Theory 1 Catalan first semester morning-mixed
(TE) Theory 2 Spanish first semester morning-mixed
(TE) Theory 51 Catalan first semester afternoon
(TE) Theory 70 Catalan first semester morning-mixed