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Teoría del Contrato (D.Civil II) (GED70162)

General information

Type:

 BAS

Curs:

 2

Period:

 S semester

ECTS Credits:

 4 ECTS

Teaching Staff:

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

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

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

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

Previous Knowledge

In general, the knowledge students acquired in the Civil Law I course are useful, as is the knowledge gained in other first-year courses, especially those related to legal theory, the sources of Law and legal-private institutions. More specifically, the knowledge acquired in the course, "Private Contracts: General Part" is required.

COURSE CONTRIBUTION TO PROGRAM

After assimilating and correctly understanding the general theory underlying contracts and their obligations, students need to examine how contracts are created, on the one hand, meaningfully demonstrating the application of that general theory (consolidation) and, on the other, regarding the specific features of contracts found in the market today. Thus, this course provides students with knowledge and skills regarding legal and voluntary regulations for the exchange of goods and services, the essence of Economic Law. It also lays the foundations for future development of more specialised commercial, international, work-related and public contracts.

Course Learning Objectives

Upon successfully completing this course, students should be able to:
1. Have a holistic vision and understanding of the course contents in terms of legal reasoning. Specificially:
a. Students are not required to simply memorise said content.
b. They are required to reflect on and assimilate this content, primarily establishing a conceptual relationship between all the concepts, avoiding their compartmenlisation and giving greater emphasis to the foundations and aims of the norms and insitutions instead of their application as enacted laws as contingent.
c. Students are required to further develop the course's core contents, selected by faculty based on the syllabus, as well as gain an appropriate understanding of the logic and system underlying Contract Law through the regulation of the different interests and its distinctive features.
2. Develop the appropriate habits and techniques to examine, read and understand legal texts.
3. Further their instrumentalist and utilitarian view of Law, especially regarding its abstract nature and the exercise of autonomy regarding the course contents, adopting a practical perspective on contract principles and content.

Competences

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

Relation between Activities and Competences

2 3
HERMENEUTICS (Theory and methodology of text interpretation)    
PRACTICAL SESSIONS    
CONTRACTUAL TECHNIQUES    
FINAL EXAM    

CONTENT

1. CONTRACTS

Legal source. Typical and atypical contracts. Civil, mercantile and consumption contracts. Other types of contracts.

2. CIVIL SALE-PURCHASE

Concept and traits. Subjective and objective elements. Purchaser's obligations: fulfilment, non-fulfilment and resolution. Seller's obligations: transfer, requirements and consequences. Risk transferal. Multiple sales.

3. SPECIAL SALES-PURCHASES AND TRANSFERS

Mercantile sale-purchase: area of application and traits. International sale-purchase of good. Incoterms. Consumption sale-purchase. Sale-purchase of real estate via instalments. Supply contract. Transfer. Cession in exchange for future construction.

4. DONATIONS

Concept, traits and nature. Subjective and objective elements. Refinement and structure. Effects. Special donations: "mortis causae", conditional or with time limits; remuneratory; modal; with reversion clause; with reservations regarding the right to use; and indirect. Revocation: causes and effects.

5. LEASING/RENTING

Concept, traits and elements. Content and termination. Urban property lease: housing and for other uses. Rural property lease. The "leasing" contract.

6. CONSTRUCTION CONTRACT

Concepts and subject. Area of the Spanish Civil Code and the Law Governing Buildings. Object: services rendered. Contractor obligations. Contracting party obligations. Termination and flawed performance of the contracted construction.

7. MANDATES AND SERVICE RENDERING

Concept and traits. Types. Structure: capacity, objective and structure. Principle's obligations and those of the agent. Mandate effectiveness. Termination. Repeal and withdrawal. Mercantile commission contract. Mediation contract. Service rendering contract.

8. LOANS AND DEPOSITS

Loans: concept. Mercantile loans. Commodate loans. Conditional loans. Loan with interest. Deposits: concept. Traits. Mercantile deposit.

9. ASSOCIATIVE CONTRACTS

Civil society contracts: concept, traits and types. Effectiveness in external and internal relations. Termination. Sharecropping contract. Integration contracts.

10.

Relation between Activities and Contents

1 2 3 4 5 6 7 8 9 10
HERMENEUTICS (Theory and methodology of text interpretation)                    
PRACTICAL SESSIONS                    
CONTRACTUAL TECHNIQUES                    
FINAL EXAM                    

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
HERMENEUTICS (Theory and methodology of text interpretation) 16
PRACTICAL SESSIONS 17
CONTRACTUAL TECHNIQUES 17
FINAL EXAM 50

Assessment criteria

The mark for this course will be a numerical value between 0 and 10. It consists of the mark on the final exam (50%) and ongoing assessment (50%). Students must pass the final exam (minimum of 5/10) to determine their final mark for the course. This holds true for students taking the regular final exam and students who have to re-sit the final.

FINAL EXAM

It consists of three sections:
a) Multiple-choice questions: 20 questions with four possible answers each. Students have to select the correct answer. Marks on this section will range from 0 to 3. Correct answers add points, while unanswered or null questions neither add nor subtract points. Incorrect answers subtract points (a third of the value assigned to the correct answer).
b) Short-answers: the aim is for students to reflect on and develop their answers. It does not aim to reflect rote memorisation. This section may consist of two or three questions depending on their length. Marks will range from 0 to 4 or 0 to 7 as applicable (see items 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 following texts serve to complement the short bibliography:
DÍEZ-PICAZO, Luis, y GULLÓN, Antonio: Sistema de Derecho Civil. II-1º. Tecnos. Madrid.
LACRUZ BERDEJO, José Luis (y otros): Elementos de Derecho Civil. II, 1º. Dykinson. Madrid.
LÓPEZ, A., MONTÉS, V.L., ROCA, E. (y otros): Derecho Civil. Derecho de obligaciones y contratos. Mª Rosario Valpuesta y R. Verdera (coords.). Tirant lo blanch. Valencia.
MARTÍNEZ DE AGUIRRE ALDAZ, Carlos (y otros): Curso de Derecho Civil. II. Colex.
SÁNCHEZ CALERO, Fernando: Instituciones de Derecho Mercantil. II. Thomson reuters Aranzadi.

Students should consult the latest editions or re-prints of any of these texts.

Timetable and sections

Group Teacher Department
Sec: A Sergio Llebaría Samper Derecho

Timetable Sec: A

From 2018/9/7 to 2018/11/23:
Each Friday from 10:00 to 11:30. (Except: 2018/10/12 and 2018/10/26)
Each Tuesday from 11:15 to 12:45. (Except: 2018/9/11)

Group Teacher Department
Sec: B Sergio Llebaría Samper Derecho

Timetable Sec: B

From 2019/2/4 to 2019/4/29:
Each Monday from 12:30 to 14:00. (Except: 2019/4/15 and 2019/4/22)
Each Wednesday from 13:00 to 14:30. (Except: 2019/4/17)

Group Teacher Department
Sec: C Sergio Llebaría Samper Derecho

Timetable Sec: C

From 2019/2/6 to 2019/4/25:
Each Wednesday from 9:30 to 11:00. (Except: 2019/4/17)
Each Thursday from 13:15 to 14:45. (Except: 2019/4/18)

Group Teacher Department
Sec: D Sergio Llebaría Samper Derecho

Timetable Sec: D

From 2018/9/7 to 2018/11/23:
Each Tuesday from 9:30 to 11:00. (Except: 2018/9/11)
Each Friday from 11:45 to 13:15. (Except: 2018/10/12 and 2018/10/26)