Introducción al Derecho Privado (GED70044)

General information

Type:	BAS	Curs:	1	Period:	S semester
ECTS Credits:	7 ECTS

Teaching Staff:

Group	Teacher	Department	Language
Sec: A	Teresa Duplá Marín	Derecho	ESP
Sec: A	Elisabeth García Cueto	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Elisabeth García Cueto	Derecho	ESP
Sec: B	Teresa Duplá Marín	Derecho	ESP

None

NONE

Lectures: 60 %
Practical sessions: 40%

This introductory course on Private Law is taught throughout the first half of the first year of the undergraduate degree in Law. It is a fundamental course and the basis for further studies in Private Law in the subsequent years of the programme.

The course serves to analyse and work on the main Private Law institutions from their Roman origins until their current regulation. The course is practical in focus, exposing novice Law students to the key issues they will examine later on in the different areas of knowledge within the programme (Civil, Commercial and Procedural Law).

Upon successfully completing this course students should be able to:
- Understand Law as historically determined with its origin and raison d'être in Roman Law,
- Be familiar with the primary legal-private institutions studied in class.
- Understand a case study and provide a legally argued solution.
- Have a global vision of the different Private Law institutions and be able to identify their possible and practical interrelationships.

27. Intellectual curiosity (`enlightened professionalism')

2. Application of knowledge to achieve results

1. COURSE SYLLABUS The course consists of three major thematic sections, presented in the following order: A. Introduction: Law and legal systems. Roman Law: its influence and contribution. September. B. Subject of Law and legal personality. September C. Object of Law and patrimony. October D. Exercise of rights and private autonomy. November E. Property. December Specifically: A. Introduction. Law and legal systems. Roman Law: its influence and contribution. Topic 1. Law (Directum) and legalism (Ius). Concept of Law and types. Roman Law: its contribution and influence. Contemporary legal systems. B. Subject of Law and legal personality Topic 2. Subject of Law (I): the person and his/her capacity. Topic 3. Subject of Law (II): the natural person and legal entities. C. Object of Law and patrimony Topic 4. The legal thing (res), good and types of things. Patrimony and patrimonial rights. D. Exercise of rights and private autonomy Topic 5. The legal fact, act and transaction. Will: exteriorisation and limits. Topic 6. Efficacy and inefficacy of the legal transaction. Topic 7. Representation. Topic 8. Legal obligation and contracts. E. Property. Topic 9. Rights over things (Iura in re aliena). Possession. Topic 10. Property: origin, concept, content, types, limits and defence.

This course serves to examine the key Private Law institutions and prepares students for the future study of Private Law and its different areas of knolwedge. Given the range and dense nature of the course, we cannot generalise the use of case studies, characteristic of Roman Law jurists; the use of case studies is reserved for specific parts of the course as they are a fundamental complement for a greater practical comprehension of the material being studied. The teaching methodology does stress active participation by students, combining different teaching methods together with lectures. In addition to these lectures, there will be practical sessions carried out in small groups to work on a specific topic from the course (whether in class or outside of class). There may also be individual activities related to the course material to improve improve students' learning and facilitate their ongoing assessment (marked activities).

The concepts analysed and studied are based on the origins of the different institutions with a focus on the implication for current laws and social reality. In this sense, students will take part in two different online activities throughout the course, activities which are included as part of students¿ ongoing assessment. They serve to complement the material studied in class, encourage collaborative learning and create spaces for reflection outside of class for them to assimilate and apply the knowledge acquired. Specifically, these activities are as follows:

1. Legal news forum: this is a shared space in which, after the first sessions, students can post their analyses and comments regarding current events and decisions regarding topics studied in class. The forum is open throughout the course and is compulsory for students (requiring a minimum of 1 post and a maximum of 3). It is also a space for students to prepare for the final exam which includes a similar exercise. Students will receive individualised feedback from faculty who will also dedicate several class sessions to reflect on the news items and current problems related to the issues studied.
2. Legal Wiktionary: using the Wiki system, students have a space available from the course outset to introduce the primary concepts worked on weekly in class. The aim is to create a legal wiktionary throughout the course. Entries have to be complete. Faculty will review them and approve their publication or not. The space also includes an area to introduce keywords, enabling students to classify the concepts introduced by general topics. Students can participate freely in this activity, and there is no limit in terms of the number of entries. However, faculty may block participation by students who do not correctly follow the tool¿s instructions and, as a result, harm their classmates¿ collaborative work and that of the activity.
3. Wiktionary content: the Legal Wiktionary will be used in a final synthesis activity.
SYNTHESIS DEBATE
Students are divided into groups, and each has to debate the concepts worked on throughout the course. The aim is to create a shared conceptual map of the course content.

Lastly, for students to carry out prior independent study of all the content included in each session, faculty will use the Maas platform to post support material for each of the course topics prior to the lecture or practical session in question. This represents a summary of the main content studied in the course as well as the key topics to be worked on inside and outside of class. When necessary, the Maas platform will also include complementary material and links to practical information (legislation, jurisprudence, videos, academic articles, etc.). It also details the programme syllabus as well as advice for students to study each of the course topics on their own. As a result it is a fundamental tool to make the most of each session and the course as a whole.

ASSESSMENT BREAKDOWN

The short bibliography to prepare the course material is as follows:
PANERO, R. Formación de los conceptos jurídicos. Valencia, Ed. Tirant lo Blanc., ult. Ed.
DIEZ PICAZO; GULLON BALLESTEROS. Sistema de Derecho Civil, tomo I, Madrid, Ed. Tecnos, ult. Ed.
LACRUZ BERDEJO; SANCHO REBULLIDA; DELGADO ECHEVARRIA: RIVERO HERNANDEZ. Elementos de Derecho civil, tomo I (tres vols), Barcelona, Ed. Dykinson, ult. Ed.

Complementary bibliography:
VVAA. Guía de Derecho Civil. Teoría y práctica. Tomos I-IV. Pamplona. Ed. Thomson Reuters Aranzadi (latest edition)
ARIAS RAMOS, J.- ARIAS BONET, J.A., Derecho Romano, 2 vols., Madrid.
D'ORS, PA., Derecho Romano, Privado, Pamplona.
GARCIA GARRIDO, M. J., Derecho Privado Romano: casos, acciones, instituciones, Madrid.
IGLESIAS, J., Derecho Romano. Instituciones de Derecho Privado, Barcelona.
KUNKEL, W., Römische Rechtsgeschichte, Köln-Graz, (Spanish translation of the 4th German edition (1969) by J. Miquel, Barcelona).
MANNINO, V. Introduzione alla storia del diritto privato dei Romani, Torino, 2008.
ANERO, R., Derecho Romano, Valencia.
PANERO, R. Epitome de Derecho Romano. Valencia, 2010
PANERO, R., ESPINOSA, T., DUPLA, T., Dret Romà. Barcelona.
TORRENT, A., Derecho público romano y sistema de fuentes, Zaragoza.
VOLTERRA, E. Instituciones de Derecho Privado Romano, translation by DAZA J., Madrid.

Group	Teacher	Department
Sec: A	Teresa Duplá Marín	Derecho
Sec: A	Elisabeth García Cueto	Derecho

Group	Teacher	Department
Sec: B	Elisabeth García Cueto	Derecho
Sec: B	Teresa Duplá Marín	Derecho