The course is in the first semester of the second year of the degree, when the pupil has already had contact with the degree and the first year of civil law, which should encourage the assimilation of the concepts and foundations from different legal institutions that make up the program.
Jaume Piñol Alenta
Carles Enric Florensa Tomas
Jordi Daura Ramon
Lesson 1. Civil patrimonial law
1. Civil patrimonial law: concept and systematic order.
2. Public economic order and its general principles.
3. The legal-patrimonial relationship. Real rights and credit rights: criteria for distinction. The problem with the so-called “intermediate figures”.
4. The legislative powers of the Generalitat de Catalunya in matters of patrimonial civil law.
GENERAL OBLIGATION THEORY
Lesson 2. Obligation
1. Concept and characteristics. The sources of the obligations.
2. The structural elements of a binding relationship. Subjects: determination. The purpose of obligation: service. The purpose of conduct: objective and service.
3. The legal link: debt and responsibility. The so-called “natural obligation”.
Lesson 3. Types of obligations (1)
1. Due to legal co-ownership positions. The commonwealth: the concept of party. Co-ownership and indivisible joint obligation.
2. Solidarity as an exceptional system. External relationships: theunique legitimacy of each subjective position. Internalrelationships.
3. Based on the material nature of the service. The obligation to give. Specific and generic obligations. Pecuniary obligations.
4. The obligation to do. The so-called “highly personal obligations”. The obligation of means and results. The obligation of not doing.
Lesson 4. Types of obligations (2)
1. According to the characteristics of the service. Alternative obligations. Joint or collective obligations. Optional obligations. Divisible and indivisible obligations.
2. Due to the link. Unilateral, bilateral and plurilateral obligations. Reciprocal obligations: the faculty to solve. Main obligations and incidental obligations.
3. Regular duties. Pure, conditional and termed obligations.
Lesson 5. The guarantees of obligation
1. The general protection of credit: the universal patrimonial responsibility of the debtor.
2. The conservative measure of the debtor’s patrimony: subrogatory action; fraudulent conveyance; direct action.
3. Other guarantees of obligation. Deposits. Conventional penalty. Liens.
4. Credit priority. Reference to the bankruptcy proceedings.
Lesson 6. Compliance and breach of duty for failure.
1. The payment or compliance: concept and requirements. The payment to the third party and from the third party. The subrogating effectiveness of the payment.
2. The circumstances of the payment: place, time and method. Proof of payment. Payment imputation.
3. Special methods of payment: dation in payment and payment for transfer of goods.
4. The arrears of the creditor: offering payment and appropriation law.
5. The cases of failure. Failure attributable to the debtor: arrears. The exoneration of responsibility: force majeure and fortuitous cases.
6. The effects of failure: the enforcement and compensation for damages.
Lesson 7. Termination and modification of the obligation.
1. The causes of extinguishing the obligation in general.
2. The supervening impossibility of benefits: the loss of which is owed.
3. Cancellation of debt. Confusion. Compensation. Extinguishing novation.
4. The modifiability of the obligatory relationship. Change of creditor: transfer of credit. Change of debtor: the transfer or assumption of debt, delegation and expromission.
Lesson 8. The contract
1. Legal concept. Private autonomy and freedom of contract: the enforced contract. Classification: the typical contract.
2. The essential and accidental elements of the contract. The subjects: the ability to contract.
3. The formation of the contract. Preliminary treatment. The formation of the consent: the bid and acceptance. Perfecting the contract.
4. The purpose of the contract: requirements. The content of the contract and its resolution: self-contracting and membership contract. General conditions of the contract.
5. The interpretation of the contract: general rules. The integration of the contract.
6. The precontract.
Lesson 9. Contract efficacy and inefficacy
1. The efficacy of the contract as an act and as a rule: inalterability and irrevocability.
2. The principle of contract relativity: the concept of contractual party. Categorisation of one of the parties as consumer or user: the protection thereof.
3. The effects of the contract with regard to third parties. Special consideration of the contract and of stipulation in favour of a third party.
4. Amendment of contract because of change in basic contractual circumstances. The position of contractual party as an object of transactions. The subcontract.
5. Contract inefficacy: nullity and nullability.
6. General expiration of contract. Mutual rescission. Unilateral termination of contract. Rescission because of injury.
1. Purchase-sale: concept. The subjects: prohibitions. The object: the property and the price.
2. Perfection of purchase-sale. Purchase-sale of third-party property. The problem of risks.
4. Special purchases-sales. Commercial sales. Purchase-sale by auction. The sale of rights; of debt in litigation; of inheritance; of movable estate in instalments. Double sale of a single property.
5. The most frequent clauses and conditions. Sale on approval. The forfeiture clause. The addictio in diem clause. The domain reserve clause. The repurchase by seller clause.
6. Reversion of sale contracts. The right to redeem.
7. Barter deals. Concept. Regulation: subsidiary application of the regulations governing purchase-sale.
8. The award of estate or suitability for building in exchange for future construction.
Lesson 11. The lease contract. The lease of properties
1. The lease in general: its object. The lease of properties in general.
2. Subjects: capacity. The content of their respective legal positions. The opposability of the contract to third parties.
3. Lease expiry: extension of lease term by operation of law. Subleasing.
Lesson 12: Lease of urban estates
1. The regulation of urban estate leases. The Ley de Arrendamientos Urbanos (LAU: Urban Lease Act): guiding principles. Lease of housing for use other than as residences.
2. Lease of housing. Duration of contract. Rent: establishing rent.
3. The use of housing regime. Subrogation. Tenant right of first refusal to purchase. Suspension, termination and expiry of contract.
4. Transitory law upon the entry into force of the LAU.
Lesson 13. Lease of rural estates
1. The regulation of rural estate leases: the Ley de contratos de cultivo (Lawof Cultivation Contracts).
2. Concept. The contracting parties: capacity. The direct and personal cultivator.
3. Form of the contract. Duration of contract. Rights and duties of the parties. Rent: methods; stabilisation and review. Expenses and improvements.
4. Contract transferability. Expiry of contract. Tenant access to the property: rights of first refusal to purchase.
Lesson 14. Lease of building work and services
1. The lease or work execution contract: concept, nature and types. Provision or non-provision of materials: problems.
2. Contents: the obligations of the parties. Legal regime: Project acceptance and risk. Protection of credits: direct action and the lien. Expiry of contract.
3. Real estate work execution contract: regulatory sources and legal regime.
4. The lease or service contract: concept and object of the contract. Scope of application: the provision of services by independent professionals.
5. The package tour contract: concept and basic legal regime.
Lesson 15. Mandate
1. Management of third-party affairs, in general. Mandate agreement: concept and nature. Human activity: distinction with lease. Capacity and type.
2. Mandate as a source of legitimacy and a source of obligations: mandate, power of attorney and representation.
3. Content of the mandate agreement: obligations of the agent and of the mandator.
4. Expiry of the mandate: causes. Special consideration for unexpected incapacitation of the mandator.
Lesson 16. The deposit and similar concepts
1. The real contract quo ad constitutionem.
2. The deposit: concept and types. Capacity of the parties and object. The deposit relation: the custody obligation. The refund debt. The depositor’s obligations.
3. The required deposit. The introduction of effects in restaurant and catering. The judicial deposit or sequestration. The irregular deposit.
4. Temporary parking of vehicles: the vehicle-parking contract.
Lesson 17. Financing agreements
1. The loan agreement: concept and types; perfection. The gratuitous loan or loan for use: the obligation to return. The precarious loan.
2. The mutuum or loan for consumption. The obligation to return the tantumdem. The interest clause: the repression of usury.
3. Money lending: main methods and types.
4. The censal loan: concept and types. The pension. The expiry ofthe censal loan: repayment.
Lesson 18. The personal guarantee agreement: the surety
1. Concept, types and sources. Intervening subjects and capacity of the parties. The guaranteed bond.
2. Relations between creditor and guarantor: guarantor exceptions. Subsidiarity and benefit of discussion.
3. The relation between the main debtor and guarantor: what is known as the coverage ratio.
4. The payment of the guarantor’s bond: effects. Expiry of surety.
5. Co-surety: benefit of division. Sub-surety: legal regulation. Similar concepts.
Lesson 19. Partnership type contracts: the civil partnership agreement
1. The partnership contract: concept, natures and types. Civil and business partnership: distinction. Attaining legal status.
2. Universal partnership. The private corporation.
3. Regulation of the corporation: the share or partnership regime. Administration and representation of the corporation. Winding up the corporation.
4. Other partnership type contracts: agricultural contracts. The general provisions of farming contracts.
5. The sharecropping contract: categorisation with regard to the lease and the corporation. Sharecropping. Other types of agricultural agreements.
6. Livestock sharecropping agreements: the integration contract.
Lesson 20. Aleatory contracts
1. General features: onerous relation and aleas. Considerations regarding insurance agreements.
2. The life annuity or life pension: concept, features and differences with the censal loan.
3. The food contract: concept, object and regime.
4. Gaming and betting contracts: concept and legal regime.
Lesson 21. Conflict resolution agreements
1. Conflict of interests as a precondition and object of the conflictre solution agreement. Different contractual types.
2. The transaction. The capacity to compromise. The object of the transaction. Efficacy of the transaction: the connection of the parties.
3. Private law arbitration: concept and object. The arbitration agreement. The legal status of arbitrators. The arbitration procedure: the ruling. Reference to the consumer arbitration system.
4. Mediation in private law: concept, object and principles.
OTHER SOURCES OF OBLIGATIONS
Lesson 22. The implied agreement and non-contractual liability
1. General considerations regarding the implied agreement concept. Basis: unjust enrichment.
2. Management of third-party affairs without authority. Erroneous collection of undue payment.
3. Non-contractual liability: Art. 1.902 Cc. Liability attribution criteria. Primary liability and secondary liability.
4. The preconditions of liability: harmful conduct, damage and the causal relation. The obligation to repair damage caused: civilliability insurance.
5. Objective liability: main events in applicable law.
- ALBALADEJO, Manuel, Derecho civil,II, «Derecho de Obligaciones», Edisofer, Madrid, 2008.
- DÍEZ-PICAZO, Luis-GULLÓN, Antonio, Sistema de Derecho civil, Volume II, Tecnos, 9th ed., Madrid, 2001, reprinted 2005.
- LACRUZ BERDEJO, José Luis et al., Elementos de Derecho civil,II, Derechode Obligaciones, Vol. 1, «Parte General. Teoria General del Contrato»; 4th ed., Dykinson, Madrid, 2007; Vol. 2, «Contratos y Cuasicontratos. Delito y cuasidelito», 5th ed., Dykinson, Madrid, 2009.
- PUIG FERRIOL, Lluís-ROCA TRIAS, Encarna, Institucions del Dret civil de Catalunya, Volum I, Tirant lo Blanch, 5th ed., València, 1998.
- EGEA, Joan-FERRER, Josep, CODI CIVIL DE CATALUNYA i legislació complementària, EUB, Barcelona, 13th edition 2007.
- CIVIL CODE OF CATALONIA, edition by Judith Solé Resina, Tirant lo Blanch, 2010.
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