Derecho Civil III

General information

Type:	OB	Curs:	3	Period:	S semester
ECTS Credits:	7 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Sec: A	Rebeca Carpi Martín	Derecho	CAT

Group	Teacher	Department	Language
Sec: B	Nuria Ginés Castellet	Derecho	ESP

Prerequisites

There are no specific prerequisites.

Previous Knowledge

In addition to the knowledge acquired in Civil Law I and Civil Law II, the knowledge gained in the first-year Roman Law and Theory of Law courses is particularly useful.

Workload distribution

Proposed training activities:
-Classroom-based: 45% of credits (lectures 21% and participatory sessions 24%)
- Guided activities: 30% of credits
- Independent study: 25% of credits

COURSE CONTRIBUTION TO PROGRAM

Civil Law III provides students with the necessary preparation to make further progress in their consolidation of a general vision of Civil Law, which is completed with the Civil Law IV course. Moreover, in conjunction with Civil Law II, it forms the backbone of Property Law, both in terms of private legal relations and, to a great extent, in terms of the legal relations subject to Public Law.

Furthermore, it is a subject that involves the study and assimilation of the following areas: the legal system governing property, including the different categories of rights covering the latter; the mechanisms of acquisition, transmission, modification and termination of these rights; and, naturally, possession as a legally relevant phenomenon; finally, the Property Register, which along with possession, are the basic publicity tools used in real legal scenarios.

Similarly, the above highlights how this subject helps increase students' understanding and knowledge of our socio-economic situation, since one of the central points of the latter is learning about the private property legal system. This is a key element in the organisation and management of economic resources and an explicit expression of any political ideology given a constitutional basis, which opts for an economic model with capitalist features. Hence its great impact on the majority of the other disciplines within the Bachelor in Law syllabus (e.g., Administrative Law, Commercial Law, Finance Law, Criminal Law).

Course Learning Objectives

The course's specific aims will enable students that pass to:
1. Acquire a comprehensive vision and understanding of the contents of the course.
2. Master the appropriate techniques for the reading and understanding of legal texts and sources.
3. Master the appropriate techniques for the application of legal texts and sources.
4. Develop the appropriate habits and techniques for the interpretation of legal texts.
5. Develop the technique of writing legal texts.
6. Develop the instrumentalist and utilitarian vision of Law.

Competences

20. Mediation and conflict management
4. Conveying information and/or knowledge

20. Mediation and conflict management

4. Conveying information and/or knowledge

Relation between Activities and Competences

	20	4
Lectures
Participatory classes
Final exam

CONTENT

1. Thematic section 1 (In rem rights) The Civil Law III course is organised into two thematic sections: In rem rights (Lessons 1 to 9) and Land Registry Law (Lessons 10 to 14). Thematic section 1 (In rem rights): This part of the course focuses on issues related to what is traditionally known as the "Law of Things", which includes an analysis of all the regulations concerning the control of in rem-legal rights and, in short, the legal organisation of property from a static point of view (i.e. with regard to the possession of property rights and the regime governing these rights). This is different from the Civil Law II course, which has already been studied, and which analyses legal property relations in a dynamic manner. In this first thematic section of Civil Law III, the student must acquire a coherent, unitary understanding of the origin, development and termination of the different in rem legal rights in our legal system. In particular, they must understand what underpins the "in rem" description when applied to the possession of a right, and how the tension between the characteristics that this description conveys and the different legal realities to which it is applied may be resolved, all this must be undertaken with a sustained functional and critical approach. I. IN REM RIGHTS (Catalan Law track) UNIT 1. INTRODUCTION TO IN REM RIGHTS. In rem right: concept. Characters and how it differs from an in personam right. Types of in rem right. Intermediate types. Area of free will in the creation of in rem rights. UNIT 2. CONTENT AND STRUCTURE OF IN EM RIGHTS Power: real rights of possession and non-possession. Possession: concetp, object and types. Acquisition, exercise and loss. Proteccion. Possessory actions. Legitimatory function: referral to the acquisition of a disposition a non domino. Liquidation of the possessory state. Judicial nature. Personal factors (ownership). UNIT 3. ACQUISITION AND TERMINATION OF IN REM RIGHTS Mode of acquisition. Original and derivative acquisition. The theory of the title and the mode: tradition (derivative mode of acquisition). Usucapio (original mode of acquisition): 1] Concept and foundation; 2] Types; 3] Requirements; 4] Interruption and suspension; 5]. Effects. Acquisitions a non domino. Specialities of property rights: 1] Accession: concept and types; 2] Occupation, treasure and finding. Termination: causes. II. PROPERTY UNIT 4. PROPERTY RIGHTS Concept (as an institution and a right). Essential traits. Structure. Content: competencies. Prohibition to dispose of property. Access to property rights: preferential acquisition rights: 1] Concept and origin; 2] Leasehold buy-out and enfranchisement; 3] Option. Property rights dynamics: Limits and limitations. Legal residence relations. Vertical and horizontal delimitation. Protective actions: 1] Actions to recover property; [2] Declaratory action of ownership; [3] Negatory action. UNIT 5. SPECIAL OWNERSHIP SITUATIONS Concept and types. The Roman or "pro indiviso" (tenancy in common) ownership agreement: 1] Concept; 2] The quotas; 3] Powers in common property and in quota; 4] Termination. The division. The Germanic community. The horizontal property: 1] Concept and characters; 2] Common and privative elements; 3]. Statutes and internal regulations; 4] rights and responsibilities of owners: the quota; 5] governing bodies and functioning; 6] real estate complexes or complex situations. Intermediation. Timeshare ownership. III. RIGHTS OF ENJOYMENT UNIT 6. USUFRUCT AND USE Usufruct: 1] Concept, characters and nature; 2] Structure; 3] Content; 4] Termination. Special usufruct. Usufruct with the power to dispose of. Rights of use and habitation. UNIT 7. OTHER USES Right of use. Easements: 1] Concept, characters and foundation. [2] Structure. [3] Contents. [4] Types. [5] Termination. Freehold estate and right to build additional floors. Censuses: [1] Concept and characters. [2] Types. IV. IN REM SECURITY RIGHTS UNIT 8. IN REM SECURITY RIGHTS (I) In rem security rights: concept, types and characters. The mortgage: concept and characters; financial function; structure; types. Secured obligation. The static or security phase. The dynamic or execution phase. Termination. The antichresis (Welsh mortgage). UNIT 9. IN REM SECURITY RIGHTS (II) The possessory pledge: 1] Concept and characters. 2] Structure. 3] Contents. 4] Termination. Non-possessory pledge. The mortgage: submission and referral. The lien: 1] Concept and characters. 2] Structure. 3] Contents. 4] Termination. ____ I. IN REM RIGHTS (Spanish State Law track) UNIT 1. IN REM RIGHTS In rem right: concept. Characters and how it differs from an in personam right. Types of in rem right. Intermediate types. Area of free will in the creation of in rem rights. UNIT 2. POSSESSION Concept, object and types. Acquisition, exercise and loss. Proteccion. Possessory actions. Legitimatory function: referral to the acquisition of a disposition a non domino. Liquidation of the possessory state. Judicial nature. UNIT 3. ACQUISITION AND TERMINATION OF IN REM RIGHTS Mode of acquisition. Original and derivative acquisition. The theory of the title and the mode: tradition (derivative mode of acquisition). Usucapio (original mode of acquisition): 1] Concept and foundation; 2] Types; 3] Requirements; 4] Interruption and suspension; 5]. Effects. Acquisitions a non domino. Specialities of property rights: 1] Accession: concept and types; 2] Occupation, treasure and finding. Termination: causes. II. PROPERTY UNIT 4. PROPERTY RIGHTS Concept. Essential traits. Structure. Content: competencies. Prohibition to dispose of property. Property rights dynamics: Limits and limitations. Legal residence relations. Vertical and horizontal delimitation. Protective actions: 1] Actions to recover property; 2] Declaratory action of ownership; 3] Negatory action. UNIT 5. CO-OWNERSHIP SITUATIONS Concept and types. The Roman or "pro indiviso" (tenancy in common) ownership agreement: 1] Concept; 2] The quotas; 3] Powers in common property and in quota; 4] Termination. The division. The horizontal property: 1] Concept and characters; 2] Common and privative elements; 3]. Statutes and internal regulations; 4] rights and responsibilities of owners: the quota; 5] governing bodies and functioning; 6] real estate complexes or complex situations. Intermediation. III. RIGHTS OF ENJOYMENT AND OTHERS UNIT 6. USUFRUCT AND USE Usufruct: 1] Concept, characters and nature; 2] Structure; 3] Content; 4] Termination. Special usufruct. Usufruct with the power to dispose of. Rights of use and habitation. UNIT 7. OTHER USES. PREFERENTIAL ACQUISITION RIGHTS Right of use. Easements: 1] Concept, characters and foundation. [2] Structure. [3] Contents. [4] Types. [5] Termination. Freehold estate and right to build additional floors. Censuses: [1] Concept and characters. [2] Types. IV. IN REM SECURITY RIGHTS UNIT 8. IN REM SECURITY RIGHTS (I) In rem security rights: concept, types and characters. The mortgage: concept and characters; financial function; structure; types. Secured obligation. The static or security phase. The dynamic or execution phase. Termination. The antichresis (Welsh mortgage). UNIT 9. IN REM SECURITY RIGHTS (II) The possessory pledge: 1] Concept and characters. 2] Structure. 3] Contents. 4] Termination. Chattel mortgage and real estate mortgage.
2. Thematic section 2 (Land Registry Law) Although this is the instrumental part of the previous section, it is equally important. The central institution par excellence for public registry of the in rem-legal ownership of property is the Land Register. In this second block the student must gain a precise, global understanding of the concept of public registry as well as its purposes and legal efficacy through the study of the Land Register's legal system, structure and dynamics. This second section is made up of the following units: UNIT 10. GENERAL CONCEPTS Historical development of the principle of public registry in property transfer and encumbrance. Registry systems: a comparative study. UNIT 11. THE OBJECT OF REGISTRATION The object of registration. The estate as the basis of the registry: Concept and types. Special estates. Fiscal registration. UNIT 12. REGISTRATION PROCEDURE The registration procedure. Initiation phase: the filing entry. The priority principle. Assessment phase. Principle of legality. Types of evidence. Area. Deadline. Types of defect. Appeal against the registrar's assessment. Judicial control and Article 24 of the Spanish Constitution. Chain-of-title principle. UNIT 13. REGISTER ENTRY Types of entry. Registration. Provisional filing and marginal note entries and cancellation. Provisional filings for claims and attachments. UNIT 14. PURPOSES AND EFFECTS OF PUBLIC REGISTRY Public registry: its purposes. Registry authentication. The presumptions of accuracy and possessory presumptions. The principles of non-objectionability and registry attestation. The concept of the third party. Protection and scope.

1. Thematic section 1 (In rem rights)

The Civil Law III course is organised into two thematic sections: In rem rights (Lessons 1 to 9) and Land Registry Law (Lessons 10 to 14).

Thematic section 1 (In rem rights): This part of the course focuses on issues related to what is traditionally known as the "Law of Things", which includes an analysis of all the regulations concerning the control of in rem-legal rights and, in short, the legal organisation of property from a static point of view (i.e. with regard to the possession of property rights and the regime governing these rights). This is different from the Civil Law II course, which has already been studied, and which analyses legal property relations in a dynamic manner. In this first thematic section of Civil Law III, the student must acquire a coherent, unitary understanding of the origin, development and termination of the different in rem legal rights in our legal system. In particular, they must understand what underpins the "in rem" description when applied to the possession of a right, and how the tension between the characteristics that this description conveys and the different legal realities to which it is applied may be resolved, all this must be undertaken with a sustained functional and critical approach.

I. IN REM RIGHTS (Catalan Law track)
UNIT 1. INTRODUCTION TO IN REM RIGHTS.
In rem right: concept. Characters and how it differs from an in personam right. Types of in rem right. Intermediate types. Area of free will in the creation of in rem rights.

UNIT 2. CONTENT AND STRUCTURE OF IN EM RIGHTS
Power: real rights of possession and non-possession. Possession: concetp, object and types. Acquisition, exercise and loss. Proteccion. Possessory actions. Legitimatory function: referral to the acquisition of a disposition a non domino. Liquidation of the possessory state. Judicial nature. Personal factors (ownership).

UNIT 3. ACQUISITION AND TERMINATION OF IN REM RIGHTS
Mode of acquisition. Original and derivative acquisition. The theory of the title and the mode: tradition (derivative mode of acquisition). Usucapio (original mode of acquisition): 1] Concept and foundation; 2] Types; 3] Requirements; 4] Interruption and suspension; 5]. Effects. Acquisitions a non domino. Specialities of property rights: 1] Accession: concept and types; 2] Occupation, treasure and finding. Termination: causes.

II. PROPERTY
UNIT 4. PROPERTY RIGHTS
Concept (as an institution and a right). Essential traits. Structure. Content: competencies. Prohibition to dispose of property. Access to property rights: preferential acquisition rights: 1] Concept and origin; 2] Leasehold buy-out and enfranchisement; 3] Option. Property rights dynamics: Limits and limitations. Legal residence relations. Vertical and horizontal delimitation. Protective actions: 1] Actions to recover property; [2] Declaratory action of ownership; [3] Negatory action.

UNIT 5. SPECIAL OWNERSHIP SITUATIONS
Concept and types. The Roman or "pro indiviso" (tenancy in common) ownership agreement: 1] Concept; 2] The quotas; 3] Powers in common property and in quota; 4] Termination. The division. The Germanic community. The horizontal property: 1] Concept and characters; 2] Common and privative elements; 3]. Statutes and internal regulations; 4] rights and responsibilities of owners: the quota; 5] governing bodies and functioning; 6] real estate complexes or complex situations. Intermediation. Timeshare ownership.

III. RIGHTS OF ENJOYMENT
UNIT 6. USUFRUCT AND USE
Usufruct: 1] Concept, characters and nature; 2] Structure; 3] Content; 4] Termination. Special usufruct. Usufruct with the power to dispose of. Rights of use and habitation.

UNIT 7. OTHER USES
Right of use. Easements: 1] Concept, characters and foundation. [2] Structure. [3] Contents. [4] Types. [5] Termination. Freehold estate and right to build additional floors. Censuses: [1] Concept and characters. [2] Types.

IV. IN REM SECURITY RIGHTS
UNIT 8. IN REM SECURITY RIGHTS (I)
In rem security rights: concept, types and characters. The mortgage: concept and characters; financial function; structure; types. Secured obligation. The static or security phase. The dynamic or execution phase. Termination. The antichresis (Welsh mortgage).

UNIT 9. IN REM SECURITY RIGHTS (II)
The possessory pledge: 1] Concept and characters. 2] Structure. 3] Contents. 4] Termination. Non-possessory pledge. The mortgage: submission and referral. The lien: 1] Concept and characters. 2] Structure. 3] Contents. 4] Termination.

____

I. IN REM RIGHTS (Spanish State Law track)

UNIT 1. IN REM RIGHTS
In rem right: concept. Characters and how it differs from an in personam right. Types of in rem right. Intermediate types. Area of free will in the creation of in rem rights.

UNIT 2. POSSESSION
Concept, object and types. Acquisition, exercise and loss. Proteccion. Possessory actions. Legitimatory function: referral to the acquisition of a disposition a non domino. Liquidation of the possessory state. Judicial nature.

UNIT 3. ACQUISITION AND TERMINATION OF IN REM RIGHTS
Mode of acquisition. Original and derivative acquisition. The theory of the title and the mode: tradition (derivative mode of acquisition). Usucapio (original mode of acquisition): 1] Concept and foundation; 2] Types; 3] Requirements; 4] Interruption and suspension; 5]. Effects. Acquisitions a non domino. Specialities of property rights: 1] Accession: concept and types; 2] Occupation, treasure and finding. Termination: causes.

II. PROPERTY
UNIT 4. PROPERTY RIGHTS
Concept. Essential traits. Structure. Content: competencies. Prohibition to dispose of property. Property rights dynamics: Limits and limitations. Legal residence relations. Vertical and horizontal delimitation. Protective actions: 1] Actions to recover property; 2] Declaratory action of ownership; 3] Negatory action.

UNIT 5. CO-OWNERSHIP SITUATIONS
Concept and types. The Roman or "pro indiviso" (tenancy in common) ownership agreement: 1] Concept; 2] The quotas; 3] Powers in common property and in quota; 4] Termination. The division. The horizontal property: 1] Concept and characters; 2] Common and privative elements; 3]. Statutes and internal regulations; 4] rights and responsibilities of owners: the quota; 5] governing bodies and functioning; 6] real estate complexes or complex situations. Intermediation.

III. RIGHTS OF ENJOYMENT AND OTHERS
UNIT 6. USUFRUCT AND USE
Usufruct: 1] Concept, characters and nature; 2] Structure; 3] Content; 4] Termination. Special usufruct. Usufruct with the power to dispose of. Rights of use and habitation.

UNIT 7. OTHER USES. PREFERENTIAL ACQUISITION RIGHTS
Right of use. Easements: 1] Concept, characters and foundation. [2] Structure. [3] Contents. [4] Types. [5] Termination. Freehold estate and right to build additional floors. Censuses: [1] Concept and characters. [2] Types.

IV. IN REM SECURITY RIGHTS
UNIT 8. IN REM SECURITY RIGHTS (I)
In rem security rights: concept, types and characters. The mortgage: concept and characters; financial function; structure; types. Secured obligation. The static or security phase. The dynamic or execution phase. Termination. The antichresis (Welsh mortgage).

UNIT 9. IN REM SECURITY RIGHTS (II)
The possessory pledge: 1] Concept and characters. 2] Structure. 3] Contents. 4] Termination. Chattel mortgage and real estate mortgage.

2. Thematic section 2 (Land Registry Law)

Although this is the instrumental part of the previous section, it is equally important. The central institution par excellence for public registry of the in rem-legal ownership of property is the Land Register. In this second block the student must gain a precise, global understanding of the concept of public registry as well as its purposes and legal efficacy through the study of the Land Register's legal system, structure and dynamics.

This second section is made up of the following units:
UNIT 10. GENERAL CONCEPTS
Historical development of the principle of public registry in property transfer and encumbrance. Registry systems: a comparative study.

UNIT 11. THE OBJECT OF REGISTRATION
The object of registration. The estate as the basis of the registry: Concept and types. Special estates. Fiscal registration.

UNIT 12. REGISTRATION PROCEDURE
The registration procedure. Initiation phase: the filing entry. The priority principle. Assessment phase. Principle of legality. Types of evidence. Area. Deadline. Types of defect. Appeal against the registrar's assessment. Judicial control and Article 24 of the Spanish Constitution. Chain-of-title principle.

UNIT 13. REGISTER ENTRY
Types of entry. Registration. Provisional filing and marginal note entries and cancellation. Provisional filings for claims and attachments.

UNIT 14. PURPOSES AND EFFECTS OF PUBLIC REGISTRY
Public registry: its purposes. Registry authentication. The presumptions of accuracy and possessory presumptions. The principles of non-objectionability and registry attestation. The concept of the third party. Protection and scope.

Relation between Activities and Contents

	1	2
Lectures
Participatory classes
Final exam

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description	%
Participatory classes	50
Final exam	50

Assessment criteria

Assessment will be graded between 0 and 10, and will consist of a final exam, contributing 50%, and an ongoing assessment component worth 50% (course grade).

Students must pass the final exam (minimum score of 5/10) to determine the overall mark for the course.

Attendance is compulsory to pass the ongoing assessment component.

Students who do not:
1. Pass this course in the FIRST-SITTING due to not attending class, not completing the assignments specified or copying these will not be able to RE-SIT THE FINAL and will thus have to re-take the course, duly completing the activities specified by faculty.
2. Have the level of required competencies may move on to the next year so long as they pass this course but they will not be able to complete the final degree project until they achieve the level of competencies required for the programme.

Final exam

It will consist of three parts:
a) 20 multiple-choice questions (with four options, one of which is correct). This section will be marked from 0 to 3. The correct answers will be added up while unanswered questions will not. Contrarily, incorrect answers will deduct points (one third of the point given for a correct answer).
b) Short answers: this will generally consist of two questions (three if they are short), requiring students' personal consideration and development rather than giving an answer based on memorising the course content. This section will be marked from 0 to 4.
c) Problem-solving activity: this will be an exercise consistent with activities completed in class resolving a short case study. It will be marked from 0 to 3.

Exemption from completing the problem-solving activity on the final exam: For students to not have to complete section c in the final exam (first sitting and re-sit), students must earn a pass for all the participatory activities computed in the ongoing assessment mark. The latter is determined by summing up all the marks in participatory classes (practice exercises and questionnaires) and dividing the sum by the total number of activities.

Ongoing assessment mark

This is the mark awarded accumulatively as the course progresses. During the course the students will be assessed for each of their contributions (voluntary or requested by the faculty) that they are required to make during the participatory sessions. To this mark, the results obtained on the mid-term test will also be added though its value is triple (counting as three exercises). Upon completing the course, the ongoing assessment mark will be computed by averaging all the individual marks.

Each activity will be marked from 0 to 10. Failing to attend class or not participating in the participatory sessions will result in a mark of 0. If students' absences are duly justified, said activities will not be introduced in the calculation. At the faculty's sole discretion, repeatedly failing to be evaluated will imply not being able to earn the corresponding and required mark. Consequently, students will not be able to pass the course.

That notwithstanding, failing to sit the mid-term exam will not result in a mark of 0. Rather, students will be registered as not evaluated.

Mid-term test

One mid-term exam will be held as programmed in the course schedule. It will consist of multiple-choice questions on the course content. It will be structured and weighted as detailed above. There will also be an additional short-answer question (or various sub-questions as needed). The mark on this test (equivalent to three ongoing assessment activities) will be computed as an ongoing assessment mark to then determine the overall mark for the course as described.

Bibliography

Short bibliography:
Any of the following textbooks suffice to complete the short bibliography:
-DIEZ PICAZO & GULLON, Sistema de Derecho civil, Volume III (always ask for the latest edition)
-LACRUZ BERDEJO et al., Elementos de Derecho civil, III. Derechos reales y Derecho inmobiliario registral (always ask for the latest edition)
-MARTINEZ DE AGUIRRE et al., Curso de Derecho civil, Volume 3 (always ask for the latest edition)
-PEÑA BERNALDO DE QUIROS, Derechos reales. Derecho hipotecario (always ask for the latest edition)
-ROCA TRIAS & PUIG FERRIOL, Institucions de Dret civil de Catalunya, Volume IV (always ask for the latest edition)
-DEL POZO, VAQUER & BOSCH, Derecho Civil de Cataluña. Derechos reales (always ask for the latest edition)

Timetable and sections

Group	Teacher	Department
Sec: A	Rebeca Carpi Martín	Derecho

Horari Sec: A

From 2015/9/15 to 2015/12/17:
Tuesday and Thursday from 11:45 to 13:15. (Except: 2015/9/24 and 2015/12/8)

From 2016/1/22 to 2016/2/16:
Each Friday from 10:00 to 13:00. (Except: 2016/1/29, 2016/2/5 and 2016/2/12)
Each Tuesday from 11:45 to 13:15. (Except: 2016/1/26)

From 2016/2/4 to 2016/5/5:
Each Thursday from 11:45 to 13:15. (Except: 2016/3/24 and 2016/4/14)

From 2016/3/1 to 2016/5/3:
Each Tuesday from 11:45 to 13:15. (Except: 2016/3/22)

Monday 2016/5/30 from 10:00 to 13:00.

Tuesday 2016/7/12 from 10:00 to 13:00.

Group	Teacher	Department
Sec: B	Nuria Ginés Castellet	Derecho

Horari Sec: B

From 2015/9/15 to 2015/10/20:
Tuesday and Thursday from 11:45 to 13:15. (Except: 2015/9/24, 2015/10/1, 2015/10/8 and 2015/10/15)

From 2015/10/1 to 2015/12/17:
Each Thursday from 11:45 to 13:15.

From 2015/10/27 to 2015/12/15:
Each Tuesday from 11:45 to 13:15. (Except: 2015/12/8)

From 2016/1/22 to 2016/2/16:
Each Friday from 10:00 to 13:00. (Except: 2016/1/29, 2016/2/5 and 2016/2/12)
Each Tuesday from 11:45 to 13:15. (Except: 2016/1/26)

From 2016/2/4 to 2016/3/17:
Tuesday and Thursday from 11:45 to 13:15. (Except: 2016/2/9, 2016/2/16 and 2016/2/23)

From 2016/3/29 to 2016/5/5:
Tuesday and Thursday from 11:45 to 13:15. (Except: 2016/4/14)

Monday 2016/5/30 from 10:00 to 13:00.

Tuesday 2016/7/12 from 10:00 to 13:00.

Derecho Civil III (GED70002)