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Contratación Privada (D.Civil II) (GED70161)

General information

Type:

BAS

Curs:

2

Period:

S semester

ECTS Credits:

4 ECTS

Teaching Staff:

Group Teacher Department Language
Sec: A Jorge Castiñeira Jerez Derecho ESP

Group Teacher Department Language
Sec: B Jorge Castiñeira Jerez Derecho ESP

Previous Knowledge

In addition to the contents of the Civil Law I course, those studied in other first-year courses, especially those regarding legal norms, the sources of law and legal-private institutions are especially useful.

COURSE CONTRIBUTION TO PROGRAM

The course, Private Contracts: General Part, studies one of the oldest and fundamental legal vehicles: the one regulating and classifying the exchange of goods and services (contracts and obligations). The course strives to prepare students to further consolidate their knowledge of other parts of Civil Law. In addition, the two general theories of contracts and obligations provide students knowledge and a fundamental basis with which to study other disciplines (Mercantile, Administrative, International and Financial Law). Without doubt, it is a discipline which is closely linked to the core of our legal system (and any legal system). Consequently, combined with its abstraction, secular value and the margin provided to civil liberty (private autonomy), it represents an attempt to provide students with a rigorous, reflective and critical background in the study of Law.

Course Learning Objectives

Upon successfully completing this course, students should achieve the following objectives:
1. Acquire an integral vision and understanding of the course content based on legal reasoning. Concretely:
a) Students are not simply required to memorise said content.
b) They have to assimilate the content based on reflection, interrelating concepts while not compartmentalising them, emphasising, instead, the foundations and objects of the norms and institutions than giving shape to a positive law which is contingent in itself.
c) They also have to carry out an in-depth analysis of the core course content selected by faculty based on the syllabus, adopting a suitable understanding of the contractual system and its logic.
2. Further the appropriate habit and technique of reading, understanding and using legal texts.
3. Adopt a more instrumentalist and utilitarian view of Law, especially in terms of its abstract nature and the exercise of autonomy regarding the programme contents, thus embracing a practical vision of contractual principles and content.

Competences

2. Application of knowledge to achieve results
3. Taking decisions / making judgments

Relation between Activities and Competences

2 3
Hermeneutics    
PRACTICAL APPLICATION    
CONTRACTUAL TECHNIQUE    
Final exam    

CONTENT

1. TOPIC: CONTRACTS AND THEIR DRAFTING

Concept. Phases. Requirements. Legal sources. Main types of contracts. Private autonomy, adhesion and consumption contracts. Subjects. Drafting: negotiation, perfection and termination.

2. TOPIC: CONTRACT REQUIREMENTS

Consent: will and declaration. Common errors. Structure and documentation. Incorporation and transparency. Object: service. Cause: concept and usefulness. Causal errors.

3. TOPIC: CONTRACT INTERPRETATION AND INTEGRATION

Evaluation. Interpretation: concept and function. Principles, rules and interpretive means. Control over the interpretation of general conditions. Integration.

4. TOPIC: CONTRACT EFFECTIVENESS

Objective effectiveness: the principle of its irrevocable nature and exceptions. Determining elements of its effectiveness: condition, term and means. Contract modification. Change in circumstances. Special reference to: pre-contracts and promises (option contracts). Subjective effectiveness: the relativity principle. Third-party contracts. Contract cession. Subcontracts.

5. TOPIC: CONTRACT NULLITY AND INEFFECTIVENESS

Types. Nullity: concept and bases; traits; causes; actions; and conversion. Annullibility: concept and basis; traits; causes; actions; and validation. Effects of nullity: partial nullity; restitution. Control over special issues regarding validity: the "abusive clause". Rescission: Spanish and Catalan Law. Revocation and resolution.C

6. TOPIC: CONTRACT CONTENT - OBLIGATIONS

Civil and natural obligations. Sources. Modification and extinction. Subjects: capacity; community; solidarity; external and internal relations. Subjective modification: possibilities and effects. The object (rendering): give, do and not do. Generic and specific obligations. Alternative obligation. Monetary obligation: principal and interest.

7. TOPIC: FULFILMENT OF OBLIGATIONS

Payment: concept, function and subjects. Payment time and place: maturity, liquidity and callability. Objective requirements. Payment in kind. Cession for payment. Facultative obligation. Payment allocation. Others: compensation; confusion; waiver.

8. TOPIC: NON-FULFILMENT OF OBLIGATIONS

Concept and types of non-fulfilment. Accusation criteria: guilt and malice; fortuitious and act of God; impossibility to fulfil. Solutions: panorama. Delays. Forceable compliance. Compensation for damage and prejudice: scope and content. Sinallagmatic (mutual or reciprocal) obligation.

9. TOPIC: CREDIT PROTECTION

Pressure to fulfil: deposits; penalisation clause; ability to retain. Debtor's insolvency and bankruptcy: principles and criteria. Responsibility application: direct action; action for subrogation; action for revocation (or "paulina")

10.

11.

Relation between Activities and Contents

1 2 3 4 5 6 7 8 9 10 11
Hermeneutics                      
PRACTICAL APPLICATION                      
CONTRACTUAL TECHNIQUE                      
Final exam                      

Methodology

This course is based fundamentally on students¿ independent study and in-class sessions. The latter consist of lectures and participatory sessions (hermeneutics (H), practical application (P) and contractual techniques (TC)). With the help of the bibliography and other material, students have to continuously and progressively learn throughout the course to achieve the learning objectives for this course.

The lecture classes are taught by the lead faculty member for the course. The aim is not to simply transmit information, rather, to help students to assimilate and develop a comprehensive and critical view of the content. This is based on terminological and conceptual rigour but with emphasis on their usefulness, approach to reality, techniques and motivation. The faculty member will select the key ideas for students¿ learning, requiring that students carry out efforts to apply the Content Learning Orientation Map (MOAC in Spanish).

Participatory sessions will commence once students have attained a minimum foundation. They will be held regularly, and the group will be divided to make the most of these sessions. The pace of the classes and other activities will also determine the pace with which students have to study and prepare the content on their own. Thus, students have to study the course material in accordance with said rhythm, using the material detailed and any indications faculty may give. The activities or participatory sessions detailed in the ¿Activities¿ section are all in class. Their assessment (successive) requires students to truly demonstrate to professors their mastery of the subject. In this respect, students will be informed of the content of the participatory session at least one week in advance (approximately) for them to begin preparing. The assessable activity will consist of oral participation, defending the question at hand. At the same time, the faculty of the participatory sessions may optionally give written questions to students at random to test how well they have prepared.

In terms of the material, independent of any instructions, dossiers or other material provided by faculty, students should prepare their own study material based on a text (see ¿Bibliography¿) as well as any information and knowledge acquired from different activities. To help students study independently for this course, they will be given a Content Learning Orientation Map (MOAC). The latter provides them with the guidelines to effectively progress in their studies, representing a bridge between the syllabus, classes and independent study. However, the MOAC not only serves to guide and help students to plan their own learning; it also aims to put it into practice. Consequently, each lesson includes a questionnaire for students to reflect on and complete. Becoming familiar with it and using it represent an excellent means for students to determine if they are on the right path or if they need to continue to study further.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Hermeneutics 16
PRACTICAL APPLICATION 17
CONTRACTUAL TECHNIQUE 17
Final exam 50

Assessment criteria

Students¿ marks in this course will range from 0 to 10. Their overall marks for the course consist of a final exam (50% of the overall mark) and an ongoing assessment component (50%).

Students are required to pass the final exam (earning a minimum of 5 out of 10) in order to compute the final marks for the course.

This also holds true for those who have to re-sit the final exam.

FINAL EXAM

The final exam consists of three parts:
a) Multiple-choice test: 20 questions with four possible answers each. Students have to select the correct answer. This component represents a score from 0 to 3. Correct answers add points, will unanswered or null questions do not add or subtract points. However, incorrect answers will subtract points (a third of the total given for the correct answer).
b) Short-answer questions: this section aims to encourage students to reflect on and develop their arguments. It does not purport to test how well students have memorised the content. There may be two or three questions depending on their length. They will be scored from 0 to 4 or from 0 to 7 (see sections c and d below).
c) Practical session problem: this section will address one of the issues raised in the practical activities or contractual techniques studied. It may also address an analogous interpretative/hermeneutic exercise carried out in class. Marks in this section will range from 0 to 3. Students may consult legal texts.
d) Exemption from the practical session problem: For students to be exempt from taking section c of the final exam (both regular final exam sitting and re-sit), they have to successfully have passed the participatory classes (P, TC and H) throughout the course. This mark is calculated by adding all the marks obtained and dividing the sum by the total number. Students who are exempt from this section must complete the first two components. However, their marks on the second section will range from 0 to 7 out of a total of 10 points.

ONGOING ASSESSMENT

The mark corresponding this component is accumulative and successive. Students are evaluated throughout the course for each of their interventions (whether voluntary or prompted by faculty) as part of the participatory exercises regarding hermeneutics or contractual practice and techniques. Not all interventions can be assessed. Faculty will only assess those that clearly and qualitatively demonstrate students¿ knowledge and skills. In particular, faculty will evaluate students for their degree of interest and attendance in each session as well as, in particular, the quality and rigour of their interventions when commenting on and resolving practical applications. Faculty may determine other marks randomly or at their discretion, giving students questions to answer in writing. Upon finalising the course, faculty will determine the average of all the students¿ marks for the different ongoing assessment component activities.

Marks will range from 0 to 10. Failure to attend or intervene without justification in participatory sessions will result in a 0 as students¿ marks for the corresponding activity. If duly justified, that mark will not be tallied. At the faculty¿s sole discretion, repeated failure to obtain any marks for this component may make it impossible to give students the pertinent mark for this component. As a result, students will not be able to pass this course.

Attendance is required.

Students who do not:
1. Successfully pass this course after the regular final exam due to not attending class, not completing the assignments or copying them will not be able to RE-SIT the final exam. As a result, they will be required to take this course again and duly complete all the assignments given by faculty.
2. Have the level of competencies required may be able to pass this course if completing all the other requirements. However, they will not be able to complete the Final Degree Project until they achieve the level of competencies required for the degree programme.

Bibliography

The course bibliography is complemented by any of the following:
DÍEZ-PICAZO, Luis, y GULLÓN, Antonio: Sistema de Derecho Civil. II-1º. Tecnos. Madrid.
LACRUZ BERDEJO, José Luis et al: Elementos de Derecho Civil. II, 1º. Dykinson. Madrid.
LÓPEZ, A., MONTÉS, V.L., ROCA, E., et al: Derecho Civil. Derecho de obligaciones y contratos. Mª Rosario Valpuesta and R. Verdera (coords.). Tirant lo blanch. Valencia.
MARTÍNEZ DE AGUIRRE ALDAZ, Carlos et al: Curso de Derecho Civil. II. Colex..

Students should ensure to always use the latest editions of these texts if they are later edited or reprinted.

Timetable and sections

Group Teacher Department
Sec: A Jorge Castiñeira Jerez Derecho

Horari Sec: A

From 2016/2/1 to 2016/5/6:
Each Friday from 11:00 to 12:30. (Except: 2016/2/12 and 2016/3/25)
Each Monday from 8:00 to 9:30. (Except: 2016/3/21 and 2016/3/28)

Monday 2016/5/23 from 16:00 to 19:00.

Friday 2016/7/8 from 10:00 to 13:00.

Group Teacher Department
Sec: B Jorge Castiñeira Jerez Derecho

Horari Sec: B

From 2016/2/1 to 2016/5/6:
Each Friday from 9:15 to 10:45. (Except: 2016/2/12 and 2016/3/25)
Each Monday from 9:45 to 11:15. (Except: 2016/3/21 and 2016/3/28)

Monday 2016/5/23 from 16:00 to 19:00.

Friday 2016/7/8 from 10:00 to 13:00.