Contratación Privada (D.Civil II)

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

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

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, achieving a suitable understanding of the contractual system and the characteristics of each type of contract (what it's for and how it works).
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.
4. The subject comprises a standard part (common) and an extended format (optional and special). The latter implies additional reading and work, implying a more in-depth knowledge of the concepts studied in the standard format.

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

CONTENT

1. INTRODUCTION. PURCHASES/SALES IN THE EUROPEAN ECONOMIC COMMUNITY Current situation. Other contractual types. Purchases/sales: concepts and traits. Subjective and objective elements. Content and effectiveness. Issues: risks, non-fulfilment and guarantees (improvement).
2. OTHER PURCHASE/SALES REGIMES Mercantile purchase/sales. For consumption: product guarantees. Purchases/Sales in Catalan Civil Law. The supply contract. Sale of movable property in instalments. INCOTERMS. Swaps.
3. DONATIONS Concept and traits. Subjective and objective elements. Perfection and form. Effects. Revocation. Donations in Catalan Civil Law.
4. USE-BASED CONTRACTS Leases: concept, content and termination. Special leases: singular reference to the Rented Property Law (LAU). Loans. The loan of money. Secured loans. Gratuitous loans.
5. RESULTS-BASED CONTRACTS Works contract: concept, content, execution and responsibilities. Deposit: concept, content and termination. Secured deposit. Definitive contracts: transaction and abritration
6. ORDER, SERVICE AND COLLABORATION CONTRACTS The mandate: concept, types, content, effectiveness and termination. Mandate in Catalan Civil Law. Mercantile commission. Management without mandate. Service contracts. Civil society contracts: structure and traits.
7. GUARANTEED CONTRACTS Concept and function (personal and real guarantees). The deposit: concept and traits, types, effects and termination. Atypical commercial and personal guarantees.
8. TOPIC 1 EXTENDED: How do we protect buyers from non-fulfilment by sellers? Analysis of the different assumptions regarding non-fulfilment and the advantages and disadvantages of the institutionally foreseen solutions. Response from the different purchase/sale legal regimes.
9. TOPIC 2 EXTENDED: Flexibility and fragility of donations How does the Law allow us to adapt donations to donors' interests (different types)? Reasons explaining the donee's (grantee's) acquisition of attenuated property.
10. TOPIC 3 EXTENDED: Leases for residence versus for other purposes The varying normative map regarding leases. The conflict between protecting lessees and lessors in each special regime.
11. TOPIC 4: How to protect oneself from defective real estate works. The preventative measures the principal can turn to. Solutions once the work is complete: between the Commerce Code and the Building Planning Law (LOE).
12. TOPIC 5 EXTENDED: How to ensure that the authorised representative sticks to the script The authorised representative's diligence and non-fulfilment by action or omission. The principal or authorising party's defensive options before, during and after designating said representative.
13. TOPIC 6 EXTENDED: What I need to know before serving as a guarantor for another person's loan Risks I'm subject to according to that agreed on. How can I defend myself from the creditor and the debtor?

1. INTRODUCTION. PURCHASES/SALES IN THE EUROPEAN ECONOMIC COMMUNITY

Current situation. Other contractual types. Purchases/sales: concepts and traits. Subjective and objective elements. Content and effectiveness. Issues: risks, non-fulfilment and guarantees (improvement).

2. OTHER PURCHASE/SALES REGIMES

Mercantile purchase/sales. For consumption: product guarantees. Purchases/Sales in Catalan Civil Law. The supply contract. Sale of movable property in instalments. INCOTERMS. Swaps.

3. DONATIONS

Concept and traits. Subjective and objective elements. Perfection and form. Effects. Revocation. Donations in Catalan Civil Law.

4. USE-BASED CONTRACTS

Leases: concept, content and termination. Special leases: singular reference to the Rented Property Law (LAU). Loans. The loan of money. Secured loans. Gratuitous loans.

5. RESULTS-BASED CONTRACTS

Works contract: concept, content, execution and responsibilities. Deposit: concept, content and termination. Secured deposit. Definitive contracts: transaction and abritration

6. ORDER, SERVICE AND COLLABORATION CONTRACTS

The mandate: concept, types, content, effectiveness and termination. Mandate in Catalan Civil Law. Mercantile commission. Management without mandate. Service contracts. Civil society contracts: structure and traits.

7. GUARANTEED CONTRACTS

Concept and function (personal and real guarantees). The deposit: concept and traits, types, effects and termination. Atypical commercial and personal guarantees.

8. TOPIC 1 EXTENDED: How do we protect buyers from non-fulfilment by sellers?

Analysis of the different assumptions regarding non-fulfilment and the advantages and disadvantages of the institutionally foreseen solutions. Response from the different purchase/sale legal regimes.

9. TOPIC 2 EXTENDED: Flexibility and fragility of donations

How does the Law allow us to adapt donations to donors' interests (different types)? Reasons explaining the donee's (grantee's) acquisition of attenuated property.

10. TOPIC 3 EXTENDED: Leases for residence versus for other purposes

The varying normative map regarding leases. The conflict between protecting lessees and lessors in each special regime.

11. TOPIC 4: How to protect oneself from defective real estate works.

The preventative measures the principal can turn to. Solutions once the work is complete: between the Commerce Code and the Building Planning Law (LOE).

12. TOPIC 5 EXTENDED: How to ensure that the authorised representative sticks to the script

The authorised representative's diligence and non-fulfilment by action or omission. The principal or authorising party's defensive options before, during and after designating said representative.

13. TOPIC 6 EXTENDED: What I need to know before serving as a guarantor for another person's loan

Risks I'm subject to according to that agreed on. How can I defend myself from the creditor and the debtor?

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 criteria

Assessment will be graded between 0 and 10 and, for Double Degree students, will comprise the following: final exam, 50%, and ongoing assessment (through evaluable activities in the practical sessions), 50%. For Bachelor in Law (GED) students, their marks will comprise the following: final exam, 40%, ongoing assessment/activities, 45%, and the Interdisciplinary Legal Exercise (EJI in Spanish), 15%.

All students are required to pass the final exam (minimum of 5/10) in order to pass the course. This shall apply in both the first sitting and any re-sit exams. For students re-sitting the final exam, they will be subject to the format they chose, standard or extended.

Final exam

The final exam consists of a single exercise, resolving a practical case study. Students will only be able to consult the legal texts faculty have available. This exercise will be similar to and coherent with the case studies seen in the participatory sessions. Specifically, it will comprise of a simulated contract and include related questions and problems to be resolved. The series of questions will be shorter for students enrolled in the standard format and longer for those in the extended version.

Ongoing assessment

This is the mark awarded accumulatively in the participatory sessions as the course progresses. During the course the students will be assessed for each of their contributions (voluntary or requested by the faculty) during the participatory sessions. However, not all interventions are evaluable. Rather, faculty will only consider those that qualitatively demonstrate students¿ knowledge and abilities. In particular, faculty will evaluate each student in every session in terms of their attendance and interest and the quality and rigour of their interventions when resolving the exercises in question. Faculty may also, at their discretion, randomly assign students a ¿hidden question¿ which they will have to answer in writing. 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 without due justification 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.

In terms of the EJI, the coordinating faculty member will provide the necessary information. Similarly, students¿ marks on this component will remain unchanged whether or not they sit the final exam in the first sitting or re-sit the latter.

Attendance is mandatory.

Students who do not:

1. Pass the course after the first-sitting of the final exam due to not attending class, failing to carry out the assigned activities or copying them, will not be able to re-sit the final exam. Instead, they will have to re-register for the subject the following year and complete all the activities assigned by faculty.
2. Achieve the level of competencies demanded may pass this subject but they will not be able to complete the final degree project until they have achieve the level of competencies demanded by the programme.

Type:	BAS	Curs:	2,3	Period:	S semester
ECTS Credits:	4 ECTS

Contratación Privada (D.Civil II) (GED70161)

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