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 classification;
    1.2. Structure.

2. Subjective rights:
    2.1. Structure;
    2.2. Categories;
    2.3. Secondary legal situations.

3. The object: goods and things:
    3.1. Concept and legal characteristics.

4. The estate (patrimony): concept and functions.

TOPIC 2. THE OBLIGATORY RELATIONSHIP

1. The obligatory legal relationship:
    1.1. Concept and structure;
    1.2. Legal features.

2. The credit (claim).

3. The debt (obligation to perform).

4. The object of the obligation:
    4.1. Definition;
    4.2. Requirements.

5. Debit and liability:
    5.1. Concept;
    5.2. Natural obligations.

TOPIC 3. SOURCES OF OBLIGATIONS

1. Sources of obligations.

2. Legal obligations.

3. Contractual obligations.

4. Non-contractual sources:
    4.1. Quasi-contracts;
    4.2. Civil liability.

5. Unilateral declarations of will.

TOPIC 4. TYPES OF OBLIGATIONS (I)

1. Obligations to give, to do, and not to do:
    1.1. Obligations to do;
    1.2. Obligations not to do;
    1.3. Obligations to give;
    1.4. Obligations of means and obligations of result.

2. Generic and specific obligations.

3. Alternative and facultative obligations.

4. Monetary obligations:
    4.1. Concept, features, and functions;
    4.2. The Spanish monetary system;
    4.3. The nominalism principle and its adjustments: stabilization clauses;
    4.4. Interest-bearing obligations;
    4.5. Credit cards: concept, types, and functions;
    4.6. Electronic money.

TOPIC 5. TYPES OF OBLIGATIONS (II)

1. Plurality of performances:
    1.1. Principal, ancillary, and subsidiary obligations;
    1.2. Divisible and periodic obligations.

2. Unity and plurality of legal ties.

3. Reciprocal (synallagmatic) obligations:
    3.1. Concept and characteristics;
    3.2. Default regime;
    3.3. Termination for breach.

TOPIC 6. CIRCUMSTANCES OF THE OBLIGATORY RELATIONSHIP

1. Circumstances of the obligation.

2. The place of performance.

3. Time and duration of performance:
    3.1. Instantaneous and continuing obligations;
    3.2. Time as an essential element;
    3.3. Immediate and deferred effect of the obligation.

4. Obligations subject to a term: concept, legal characterisation, and types of terms. Legal regime.

5. Conditional obligations: concept, function, and classification:
    5.1. Legal regime of the suspensive condition;
    5.2. Legal regime of the resolutory condition.

6. Modal obligations: legal regime and effects.

TOPIC 7. SECURITIES AND GUARANTEES IN OBLIGATIONS

1. Securities and guarantees of the obligatory relationship.

2. Contractual penalties (penalty clauses).

3. Earnest money.

4. Suretyship:
    4.1. Concept, function, features, and types;
    4.2. Categories of surety;
    4.3. Object and form;
    4.4. Relationship between creditor and surety (guarantee relationship);
    4.5. Relationship between debtor and surety (coverage relationship);
    4.6. Plurality of sureties;
    4.7. Termination of suretyship.

TOPIC 8. PERFORMANCE OF OBLIGATIONS

1. Payment (performance) of the obligation:
    1.1. Concept and functions;
    1.2. Objective requirements – the principle of exactness;
    1.3. Subjects of payment:
     1.3.1. The solvens – payment by a third party;
     1.3.2. The accipiens – payment to someone other than the creditor;
     1.3.3. Payment by credit card;
    1.4. Place of payment;
    1.5. Time of payment;
    1.6. Costs associated with payment.

2. Allocation of payments.

3. Undue payment (recovery of undue payment).

TOPIC 9. SUBSTITUTES FOR PERFORMANCE

1. Substitutes for performance: concept and function.

2. Tender and deposit (consignation).

3. Set-off (compensación).

4. Datio in solutum (payment in kind).

5. Payment by transfer of assets.

6. Remission of debt.

    

   TOPIC 10. BREACH AND CONTRACTUAL LIABILITY

1. Breach of obligation: types and scenarios.

2. Debtor’s default (mora debitoris): concept, requirements, effects, and termination.

3. Defective performance.

4. Definitive non-performance.

5. Contractual liability:
    5.1. Attribution criteria;
    5.2. Clauses modifying debtor liability. Fortuitous events and force majeure.

6. Third-party interference with credit.

7. Creditor’s default (mora creditoris): concept, requirements, effects, and termination.

TOPIC 11. PROTECTION OF CREDIT

1. Credit protection. Preventive remedies for the protection of credit rights.

2. Protection of consumers and users. Conformity and contractual remedies. Commercial guarantees.

3. Specific performance.

4. Compulsory enforcement of the obligation.

5. Price reduction.

6. Damages and compensation.

7. Direct action.

8. Subrogatory (indirect) action.

9. Revocatory action (actio pauliana).

10. Plurality of creditors. Priority and ranking of claims:
     10.1. Privileged claims;
     10.2. Priority of claims.

TOPIC 12. MODIFICATION OF THE OBLIGATORY RELATIONSHIP

1. Modification:
    1.1. Modification as a legal mechanism;
    1.2. Modification as a legal consequence.

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. Types of debtor substitution;
    4.2. Effects of the substitution.

TOPIC 13. EXTINCTION OF THE OBLIGATORY RELATIONSHIP

1. Causes of extinction of obligations.

2. Merger or confusion (confusio).

3. Other causes of extinction:
    3.1. Mutual dissent;
    3.2. Unilateral termination;
    3.3. Withdrawal in consumer obligations.

TOPIC 14. PLURALITY OF SUBJECTS

1. Plurality of parties in the obligation.
2. Divisible and indivisible obligations.

3. Joint obligations with divisible performance (partial obligations).

4. Joint obligations with indivisible performance:
    4.1. Joint credit;
    4.2. Joint debt.

5. Solidary obligations:
    5.1. Solidary credit;
    5.2. Solidary debt.

TOPIC 15. EXTRA-CONTRACTUAL LIABILITY

1. Civil liability: concept and functions.

2. Types of liability.

3. Requirements of liability. Liability for one’s own acts:
    3.1. Action or omission;
    3.2. Fault or negligence;
    3.3. Damage;
    3.4. Causal link.

4. Vicarious liability:
    4.1. Liability of parents and guardians;
    4.2. Employer’s liability;
    4.3. Liability of non-higher education institutions.

5. Limitation of actions.