Insurance Law
Code: 102273 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| 2500786 Law | OT | 4 |
Contact
- Name:
- Eliseo Sierra Noguero
- Email:
- eliseo.sierra@uab.cat
Teachers
- Jose Maria Mayor Civit
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
There are no previous requirements.
The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.
Objectives and Contextualisation
To reach a good knowledge on the principal institutions of insurance law.
Competences
- Defending and promoting the essential values of the social and democratic State of Law.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying, assessing and putting into practice changes in jurisprudence.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Memorising and utilising legal terminology.
- Presenting in front of an audience the problems of a concrete law suit, the applicable legal regulations, and the most consistent solutions.
- Searching, interpreting and applying legal standards, arguing every case.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
Learning Outcomes
- Contextualising the Commercial Law within the legal system, its role and its usefulness in the business traffic.
- Contextualising the law commercial standards for the purpose of its implementation to law suits.
- Critically distinguishing the historical trajectory in the approval of commercial standards and in the training of trade uses, and being ready to anticipate alternative legal solutions.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Demonstrating theoretical and practical knowledge of Commercial Law, appropriately using its terminology.
- Distinguishing the speciality and usefulness of the Commercial law in the framework of the legal system.
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Identifying the difference in efficiency of including or not concrete clauses in a trading commercial contract, company contract, charter contract, an other commercial contracts.
- Identifying, assessing and applying the Commercial Law in the light of the Spanish, community and international commercial case law (for example the International Tribunal for the Law at the Sea).
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Providing a fair and efficient response to the practical cases proposed from the acquired knowledge.
- Publicly presenting practical cases and its possible legal solutions.
- Relating the knowledge with problems derived from business traffic in terms of offering fair and efficient solutions.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Summarising the theoretical and practical knowledge when drawing up contracts and other commercial law instruments.
Content
Introduction to insurance law
Public insurance law
Law 50/1980, of October 8, on the insurance contract
Special reference to compulsory insurance for motor vehicles
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Exercises (practices and cases, comments, debates, simulation of trials...) | 22 | 0.88 | 2, 4, 12, 7, 10, 14 |
| Master classes | 22 | 0.88 | 1, 5, 3, 6, 8, 9, 11, 13, 15 |
| Type: Autonomous | |||
| Tasks and study out the class | 73.5 | 2.94 | 2, 5, 4, 3, 12, 7, 10, 9, 13, 14 |
Lecturers will put into practice the educational activities they deem appropriate in order to facilitate the study and learning of the student.
The development of the teaching of the subject and of the learning of the student is based on the following formative activities:
1. Guided activities: activities where the teacher develops the active part of the class. It includes master classes where the student reaches the conceptual bases of the subject and its legal and regulatory framework and jurisprudential.
Also, the practical classes, where students, individually or in small groups, analyze and solve along with the professor practical cases. Supervised activities: activities that students will develop individually or in small groups, with the support of the lecturer, in order to prepare the evaluable practices, such as discussion and resolution of cases, comments, debates, simulations of judgments, others.
2. Autonomous activities: activities that students will develop autonomously. It includes among others the search and reading of bibliography, norms and jurisprudence, study, preparation of 3 or 4 practical cases.
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 |
|---|---|---|---|---|
| Active participation in lecturers | 20% | 22.5 | 0.9 | 4, 12, 10, 15 |
| Assignments | 30% | 5 | 0.2 | 1, 2, 4, 12, 7, 10, 13, 14, 15 |
| Final exam | 50% | 5 | 0.2 | 1, 5, 3, 6, 8, 9, 11, 13, 15 |
For each group, the specific date or the week of carrying out the evaluable activities will be published before the beginning of the teaching, notwithstanding the fact that, exceptionally and due to reasons of force majeure, these may, with prior notice and sufficiently in advance, be modified.
The mark of the practices and the participation in the class will be made public before the final exam.
To pass the subject, the student must have obtained a minimum mark of 3.5 in the final exam and participated in the other two evaluation activities.
Students who have not pass the subject, have right to retake the final exam if they have obtained at least 3 in each of the three evaluation activities (final exam, assignments and participation in class). Retaking is only possible for the final exam.
These three evaluation activities will be taken into account to determine the final grade resulting from the evaluation as well as the reevaluation. Students who retake exam may obtain a maximum grade of 7.
Students will be assessed as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total qualification for the subject. If the value of the activities carried out does not reach this limit, the teacher of the subject may consider the student as not evaluable.
In the case of a single assessment, on the official day the students will have to deliver 5 practices with a value of 10% each, previously published, and take an exam lasting two hours and with a value of 50%. The conditions for access to the revaluation are to have obtained a minimum grade of 3.5 in the exam and a 3 in each of the practices. In case of reassessment, the exam will also be held on the official date and will also last for two hours. The assessment and reassessment exam is different from the continuous assessment to ensure that the students have achieved the subject's skills. Students who retake exam may obtain a maximum grade of 7.
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Bibliography
RECOMMENDED BOOKS
Bataller, Juan (dir.) (2007), Derecho de los seguros privados, Barcelona, Marcial Pons
Sánchez Calero, Fernando (dir.) (2010), Comentarios a la Ley 50/1980, de 8 de octubre, de contrato de seguro, y a sus modificaciones, Cizur Menor, Aranzadi Thomson Reuters.
Tapia Hermida, Alberto (2003), Derecho de seguros y fondos de pensiones, última edició, Barcelona, Cálamo.
Tapia Hermida, Alberto (2014), Manual de Derecho de seguros y fondos de pensiones, Madrid, Iustel.
Veiga Copo, Abel (2021), Tratado del contrato de seguro, vol. 1, 7th ed., Madrid, Civitas
Software
The subject does not require any specific software.
Language list
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (PAUL) Classroom practices | 51 | Spanish | second semester | afternoon |
| (TE) Theory | 51 | Spanish | second semester | afternoon |