Parte general del Derecho Civil y Derecho de la persona (D.Civil I) (GED70043)

General information

Type:	BAS	Curs:	1,2	Period:	S semester
ECTS Credits:	7 ECTS

Teaching Staff:

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

Group	Teacher	Department	Language
Sec: B	Rebeca Carpi Martín	Derecho	ESP

Group	Teacher	Department	Language
Sec: C	Rebeca Carpi Martín	Derecho	ESP

Group	Teacher	Department	Language
Sec: D	Rebeca Carpi Martín	Derecho	ESP

Students need to have completed the Introduction to Private Law course.

Classroom-based training activities: 50%: Lectures 30% and participatory sessions 20%
Guided and independent study: 50%

This course seeks to establish the necessary foundation for students to acquire a sound training in the area of Private Law and thereby develop an awareness of the importance of Law as a regulatory system for social relationships. In this course we will study some of the fundamental concepts in Law, concepts which are essential for any lawyer in addition to the specific branch of law they eventually specialise in. This course essentially explores a discipline that engages closely with the core elements of our legal system.

The course's specific aims will enable students that successfully pass to:

1. Acquire a global vision and understanding of the programmed course content.
a) Content should not just be memorised.
b) Students have to assimilate the content through reflection, relating the different contents without compartmentalising it, emphasising the foundations and aims of the different norms and institutions more than their application in contingent positive law.
c) Students have to intensify their knowledge of the course's core content as selected by faculty based on the programme.

2. Develop their ability and use of appropriate techniques to process, read and understand legal texts.

1. Knowledge acquisition, comprehension and structuring

1. INTRODUCTION TO CIVIL LAW (GENERAL PART) Topic 1. CIVIL LAW. Civil Law: concept and content. Civil Law as Common Law. Historical development of civil rights in Spain, in particular, diversity as the formal question and its impact on legislation. The development of Civil Law after the 1978 Spanish Constitution: State Civil Law and Autonomous Community Civil Rights. Topic 2. SOURCES OF CIVIL LAW: concept and classes (from the Civil Law perspective). Custom as a source of law: concept and traits. General principles of Law: concept and nature. Equity: concept, functions and regime. Jurisprudence: concept and functionss. Topic 3. EFFICACY AND THE APPLICATION OF LEGAL NORMS. Entry into force of laws. Repeal of laws. Retroactiveness of laws: degree and limits. Application of law. Legal interpretation: concept, scope and types. Hermeunetic criteria established in Article 3 in the Spanish Constitution of 1978. Integrating this norm. Gaps in the laws and gaps in Law. The legal duty to fulfil regulations: a) Ignorance of the law and error in Law; b) illegal acts contrary to law: and c) voluntary exclusion from applicable law.

2. THE LAW CONCERNING THE PERSON Topic 4. LIMITED CAPACITIES. Legal capacity and its limits. Incapacity: concept, requirements, proceedings and effects. The incapacity of minors. Prodigality: concept, requirements, proceedings and effects. Absence and declaration of death. Topic 5. PROTECTIVE AGENCIES AND THE PROTECTION OF PEOPLE. Dedicated guardian institutions: principles and shared rules. Legal representation: concept and scope. Parental custody: concept, function and regime. Custody: concept, function and regime. Guardianship: concept, function and regime. Curatorship: concept, function and regime. Guardian ad litum: concept, function and regime. Administrative and de facto guardianship: concept. Assistance: concept, function and regime. Custody of minors and senior citizens: concept. Protection of handicapped or dependent individuals' assets: concept and basic protection mechanisms. Topic 6. NATIONALITY, DOMICILE AND RESIDENCE; MARITAL STATUS AND THE CIVIL REGISTRY. Nationality and domicile: concept and importance. Civil residency: concept and significance. Administrative residence: concept and remission. Acquisition and recovery of civil residence. Marital status: concept. Civil Registry: concept. Topic 7. INDIVIDUAL RIGHTS: HONOUR, PRIVACY AND SELF-REPRESENTATION. Individual rights: general references and civil protection. Right to dignity and identity. Right to honour, privacy and self-representation: concept and specific civil protection. Topic 8. THE LEGAL PERSON, ASSOCIATIONS AND FOUNDATIONS. General theory of legal persons. Capacity and representation. Association: concept and legal regime. Foundation: concept and legal regime.

3. SUBJECTIVE LAW Topic 9. SUBJECTIVE LAW AND ITS EXERCISE. Dynamics of subjective rights: birth, acquisition, transferral, modification, extinction and loss. Waiver of rights. Subjective requirements in the exercise of rights: capacity and legitimation. Extrinsic limits: conflicting rights. Intrinsic limits in the exercise of subjective rights: natural limits and those stemming from the general "good faith" principle. The abuse of Law: concept, requirements and consequences. Topic 10. EXTINCTION OF RIGHTS DUE TO TIME. The period of time: importance and calculation. The extinctive prescription: concept, foundations, subjects, objects, requirements and effects. Start of the prescription and periods. Interruption and suspension of the prescription. Waiver of the prescription gained. Expiry: concept and foundations. Positive regime.

Common activities and methodology

The teaching methodology applied in this course rests on students' own learning and in-class sessions. The latter consist of lectures and participatory sessions. With support from the bibliography and other material, continuously and progressively learning is essential to achieve the course objectives. Students must prepare the course content prior to each class and in accordance with the syllabus, using the material and the means indicated by faculty. This prior independent study has to enable students to understand and take part in the weekly sessions (attend classes with a required reading and understand it). The activities detailed below will all occur in-class. Assessing students' performance thus requires clearly and continuously demonstrating their comprehension to faculty.

In terms of material, regardless of any instructions, dossiers or other material faculty may provide, students have to work on and prepare their own folder of materials based on one of the texts (see bibliography), detailing and adding all the additional and complementary knowledge they acquire through the different activities.

Activities designed to achieve the competencies for this course:

In-class activities will consist of the following:
1. Lectures
Faculty will give lectures to introduce students to the most fundamental and/or controversial issues included within the course content.

2. Participatory sessions
Three types of activities are carried out in these sessions: First, we will examine case studies, that is, an application of an issue students will have to work on and resolve on their own using the relevant material. Second, students will have to attempt to resolve the so-called "questionnaires". These consist of specific questions for students to offer well-argued responses. In both cases, students will receive statements to resolve beforehand. They will be required to prepare them on their own to then comment and discuss them in class. During each session, faculty will grade students on their attendance and participation, especially the quality and rigour of their comments and the solutions they provide for the case studies or questionnaires. Lastly, students will also analyse jurisprudence addressing the course content to familiarise them with legal language and methodology. In addition, participatory session faculty may ask students to complete or answer a question in writing on a given issue (hidden question) prior to the corresponding session.

Students will be given the questions to resolve beforehand. They are required to resolve these on their own to then comment on and discuss them on the established date. In each session, faculty will assess tudents on their interest and attendance but, in particular, on the quality and rigour of their participation in the group discussion and resoltuion of the activities.

It is important to stress that student intervention and participation in these sessions will represent their ongoing assessment mark.


Competence development through the activities.

Activities to contribute to competence 1: case studies, resolution of exercises/questionnaires and analyses of juriprudence; final exam.

ASSESSMENT BREAKDOWN

Short bibliography:

Faculty will indicate the recommended manual to stay abreast of the class at the start of the course. The texts indicated below are for illustrative purposes. There is a digital version of LACRUZ BERDEJO et al.¿s work available in the library for students.

- DÍEZ PICAZO; GULLON BALLESTEROS; Sistema de Derecho Civil, Tomo I, Madrid,
Tecnos, latest edition.
- LACRUZ BERDEJO, J.L.; SANCHO REBULLIDA, F.A.; DELGADO ECHEVARRÍA, J.;
RIVERO HERNÁNDEZ, F. Elementos de Derecho civil. Tomo I (three volumes) Barcelona.
Ed. Dykinson, latest edition.

Group	Teacher	Department
Sec: A	Rebeca Carpi Martín	Derecho

Group	Teacher	Department
Sec: B	Rebeca Carpi Martín	Derecho

Group	Teacher	Department
Sec: C	Rebeca Carpi Martín	Derecho

Group	Teacher	Department
Sec: D	Rebeca Carpi Martín	Derecho