Derecho Civil IV

Group	Teacher	Department	Language
Sec: A	Rebeca Carpi Martín	Derecho	ESP
Sec: A	Sergio Llebaría Samper	Derecho	ESP

Group	Teacher	Department	Language
Sec: B	Lola Bardají Gálvez	Derecho	ESP
Sec: B	Teresa Duplá Marín	Derecho	ESP

COURSE CONTRIBUTION TO PROGRAM

Upon successfully completing the Civil Law IV course students will have concluded their overview of Civil Law provided by the Bachelor in Law Programme. This represents the last stage of every jurist's initial training - initial because: 1) the learning process never ends for legal experts; and 2) thus far, students have only developed a perception of Law in the "laboratory" and now need to make the transition to experiencing it as a social reality.

On completing Civil Law III, students will have examined a considerable part of Civil Law and, specifically, the major Civil Law institutions concerned with economic rights, but there still remains an important component to complete this initial learning, which is Family Law and the regulations governing succession.

The Civil Law IV course is characterised by its combination of the concepts, structures and methods learnt in all the obligatory Civil Law courses with the new ones regarding family relations and the legal consequences of a physical person's death. Family Law and successions offer an interesting testing ground to examine how all the elements of this branch of law interact and it is thus an ideal way to bring to a close the courses on Civil Law.

Course Learning Objectives

The specific aims of this course are for the students that pass it to be able to:
1. Develop a comprehensive vision and understanding not only of the course content but also the knowledge of Civil Law learnt in previous courses.
2. Demonstrate that they have the necessary abilities to read, understand and apply legal texts and sources.
3. Be accustomed to using the appropriate techniques to interpret legal texts.
4. Consolidate their instrumentalist and utilitarian view of Law, paying particular attention, in the area of Civil Law, to its role as a social engineering instrument and its permeable nature with regard to cultural and traditional issues.

5. Ability for continuous learning Ability to learn continually

	5
Short practical cases studies and exercises
Analysis of jurisprudence
Final exam

CONTENT

1. BLOCK I: FAMILY LAW Unit I: Families and Family Law Unit 2: Marriage - Marriage and the marriage service - Effects of marriage - Annulment, separation and divorce - Common framework governing annulment, separation and divorce Unit 3: Framework governing marital patrimony - Nuptial agreements. Marriage capitulation. Donations due to marriage - Matrimonial economic framework Unit 4: Non-married families Unit 5: Filiation - Marital filiation - Extramarital filiation - Filiation through adoption Unit 6: Paternal and quasi-familiar relations - Parens patriae - Kinship. Relationships between family members - Guardianship
2. BLOCK 2: INHERITANCE OR SUCCESSION LAW Unit 1: Inheritance or Succession Law Unit 2: Hereditary will and testament Unit 3: Acceptance of inheritance (in abeyance, acceptance and renunciation; effects). Multiple heirs. Distribution. Unit 4: Wills (1) - Types - Interpretation and execution - Ineffectiveness Unit 5: Wills (2) - The heir - Bequests - Substitutions Unit 6: Mortis causa grants and contractual succession Unit 7. Legal inheritance attributes (legally defined inheritance and life-long rights). Inheritance without a will.

1. BLOCK I: FAMILY LAW

Unit I: Families and Family Law

Unit 2: Marriage
- Marriage and the marriage service
- Effects of marriage
- Annulment, separation and divorce
- Common framework governing annulment, separation and divorce

Unit 3: Framework governing marital patrimony
- Nuptial agreements. Marriage capitulation. Donations due to marriage
- Matrimonial economic framework

Unit 4: Non-married families

Unit 5: Filiation
- Marital filiation
- Extramarital filiation
- Filiation through adoption

Unit 6: Paternal and quasi-familiar relations
- Parens patriae
- Kinship. Relationships between family members
- Guardianship

2. BLOCK 2: INHERITANCE OR SUCCESSION LAW

Unit 1: Inheritance or Succession Law

Unit 2: Hereditary will and testament

Unit 3: Acceptance of inheritance (in abeyance, acceptance and renunciation; effects). Multiple heirs. Distribution.

Unit 4: Wills (1)
- Types
- Interpretation and execution
- Ineffectiveness

Unit 5: Wills (2)
- The heir
- Bequests
- Substitutions

Unit 6: Mortis causa grants and contractual succession

Unit 7. Legal inheritance attributes (legally defined inheritance and life-long rights). Inheritance without a will.

Relation between Activities and Contents

	1	2
Short practical cases studies and exercises
Analysis of jurisprudence
Final exam

Methodology

The course's classroom- based activity will consist of the following activities:

1) Lecture classes (65%) through which the lecturers will present the most fundamental and/or controversial issues that make up the course content. To follow these lecture classes correctly requires students' to undertake prior independent study of the elemental foundations of the topic to be presented in the classes.

2) Participatory classes (35%). Completion of case studies. As a general guideline the practicals will be set in advance and students will be given the questions to be answered so that they may work on the practical by themselves and comment on and discuss it in a participatory manner on the relevant day. Occasionally a practical will be set in class on the day it is to be completed with the aim being that the analysis and completion of the practical be worked on with immediacy.

Analysis of jurisprudence. This activity is concerned with undertaking a critical analysis of our courts that will be presented to the lecturer and the other students.

3) Exam and commentary on documents. The aim of this activity is to learn and demonstrate what has been learnt through individual reflection and group debate on a range of types of text used in daily legal practice related with the course topics.

Description	%
Short practical cases studies and exercises	15
Analysis of jurisprudence	15
Final exam	70

Assessment criteria

Catalan Civil Law Final Exam

Structure: 50% devoted to Family Law and 50% to Inheritance Law. There will be two or three questions regarding Family Law to be completed by the student. These are based on a stated problem for which no legal texts can be consulted. Students will be able to consult legal texts for the case study included in the Inheritance Law component.

State Civil Law Final Exam

Structure: 50% devoted to Family Law and 50% to Inheritance Law. Regarding Family Law a case study will have to be completed for which legal texts may be consulted. For Inheritance Law a practical scenario will have to be resolved as well as questions requiring the development of ideas and arguments.

Ongoing Assessment, Course Mark

This consists of a final mark awarded on the basis of accumulative marks awarded during the course. Students will be assessed on each of their contributions (both voluntary and on request of faculty) which they are asked to make during the practical activities, jurisprudence analyses and the examination and commentary on documents. Once the course is over the final mark will be calculated as an average of the grades awarded.

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.

Timetable and sections

Group	Teacher	Department
Sec: A	Rebeca Carpi Martín	Derecho
Sec: A	Sergio Llebaría Samper	Derecho

Horari Sec: A

Monday 2015/9/7 from 16:00 to 19:30.

From 2016/2/1 to 2016/3/18:
Each Monday from 10:15 to 12:15. (Except: 2016/2/22, 2016/2/29, 2016/3/7 and 2016/3/14)
Each Friday from 12:15 to 14:15. (Except: 2016/2/12)

From 2016/2/29 to 2016/3/14:
Each Monday from 10:15 to 12:15.

From 2016/4/1 to 2016/5/6:
Each Monday from 10:15 to 12:15.
Each Friday from 12:15 to 14:15.

Friday 2016/5/27 from 16:00 to 19:30.

Friday 2016/7/1 from 16:00 to 19:00.

Group	Teacher	Department
Sec: B	Lola Bardají Gálvez	Derecho
Sec: B	Teresa Duplá Marín	Derecho

Horari Sec: B

From 2016/2/1 to 2016/3/18:
Each Monday from 10:15 to 12:15. (Except: 2016/2/22, 2016/2/29, 2016/3/7 and 2016/3/14)
Each Friday from 12:15 to 14:15. (Except: 2016/2/12)

From 2016/2/29 to 2016/3/14:
Each Monday from 10:15 to 12:15.

From 2016/4/1 to 2016/5/6:
Each Monday from 10:15 to 12:15.
Each Friday from 12:15 to 14:15.

Friday 2016/5/27 from 16:00 to 19:00.

Friday 2016/7/1 from 16:00 to 19:00.

Type:	OB	Curs:	4	Period:	S semester
ECTS Credits:	6 ECTS

Derecho Civil IV (GED70400)

General information

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Curs:

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Previous Knowledge

Workload distribution

COURSE CONTRIBUTION TO PROGRAM

Course Learning Objectives

Competences

Relation between Activities and Competences