Derecho de Sucesiones (GED70170)
General information
Type: |
OB |
Curs: |
4 |
Period: |
S semester |
ECTS Credits: |
3 ECTS |
Teaching Staff:
| Group |
Teacher |
Department |
Language |
| Sec: A |
Sergio Llebaría Samper |
Derecho |
ESP |
| Group |
Teacher |
Department |
Language |
| Sec: B |
Teresa Duplá Marín |
Derecho |
ESP |
| Group |
Teacher |
Department |
Language |
| Sec: C |
Sergio Llebaría Samper |
Derecho |
ESP |
| Group |
Teacher |
Department |
Language |
| Sec: D |
Teresa Duplá Marín |
Derecho |
ESP |
Previous Knowledge
In general, the knowledge acquired in prior Private Law classes is especially useful.
Workload distribution
Workload distribution:
- In-class activities: 40% of credits.
- Guided activities: 30% of credits
- Independent study: 30% of credits
COURSE CONTRIBUTION TO PROGRAM
By completing the fourth-year Civil Law subjects, students will culminate their view of this area of the Law as stipulated by the Bachelor of Law programme (GED). This is the last stage in all legal professionals¿ initial training, given that: 1) as legal professionals, the learning process never ends; and 2) thus far, students have only perceived the Law in a ¿laboratory¿ setting and can now examine its application to social reality. Upon completing the subjects on Contract and Property Law and, specifically, Civil Law institutions as related to assets, there is still one last area to be explored, namely, Family and Inheritance Law. This area is characterised by its combination of all the concepts, structures and methods learnt in the obligatory Civil Law subjects with those related to family relations and the legal consequences of a physical person¿s demise. This makes Family and Inheritance Law an interesting testing area in which, as the last subject in this area, all the pieces that move this area of the Law interact.
Students can opt between the Spanish Law tract or the Catalan Law tract. They are two closed and incompatible systems, though, in both tracts, we will examine the similarities and differences between both.
Course Learning Objectives
Upon successfully completing this subject, the aim is for students to:
1. Acquire a holistic view and understanding not only of this subject¿s content but all of that in previous Civil Law subjects.
2. Demonstrate mastery of the appropriate reading comprehension techniques and the application of legal techniques and legal sources.
3. Habitually use the appropriate techniques to interpret legal texts.
4. Consolidate their instrumentalist and utilitarian view of Law, with special emphasis on Civil Law and its role as a social engineering instrument and its permeability to cultural and traditional aspects, focusing their learning on the practical application of the concepts studied.
CONTENT
1. Catalan Law tract TOPIC I: Foundations of inheritance and the latter as a phenomenon
1. Inheritance Law; inheritance: assets and liabilities; 2. Inheritance principles in Catalan Law; 3. The ¿parties¿ in inheritance; capacities, disqualification from succession and incompetence; 4. Inheritance titles or foundations; 5. Inheritance stages.
TOPIC II: Inheritance proceedings
1. Initiation of inheritance proceedings; verification of documents; 2. The will: traits and types; possible content;. 3. The codicil of the will and testamentary report; 4. Revocation and annulment; 5. Inheritance agreements; and 6. Mortis causa donations.
TOPIC III: Inheritance content
1. The inheritor figure; 2. Bequeaths: possibilities; ineffectiveness; types; 3. Vulgar (papillary and exemplary) substitution; 4. Beneficiary of a trust by will.
TOPIC IV: Waiver and acceptance
1. Inheritance in abeyance; executors; 2. Waiver/acceptance of the inheritance; petitions; 3. Effects of accepting/waiving an inheritance; the right to accrual; 4. Effects of waiving/accepting a bequeath (consequences).
TOPIC V: Hereditary community
1. The hereditary community; 2. Allocation; possibilities; 3. Effects of this allocation; advancements.
TOPIC VI: Legal inheritance
1. Bairn¿s part/child¿s share: concept, traits and subjects; 2. Calculation, demand and collection; 3. Widow/widower¿s share; 4. Intestate succession.
|
2. Spanish Law tract Unit 1: Inheritance Law
Unit 2: Inheritance vocation and waiver
Unit 3: Inheritance acquisition (inheritance in abeyance, acceptance and waiver; effects); inheritance community; distribution
Unit 4: Testate succession (I): types; interpretation and application; ineffectiveness
Unit 5: Testate succession (II): the inheritor institution; bequeaths; substitutions
Unit 6: Mortis causa donations and contractual succession
Unit 7; Legal successor attributions (bairn¿s part and widow/widower¿s rights); intestate succession
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Relation between Activities and Contents
|
1 |
2 |
| Micro-case studies (Catalan Law tract) |
|
|
| Exam |
|
|
Methodology
ASSESSMENT
ASSESSMENT BREAKDOWN
| Description |
% |
| Micro-case studies (Catalan Law tract) |
25 |
| Exam |
75 |
Assessment criteria
Final exam ¿ Catalan Law tract (Catalan Civil Law)
Structure: Students will be required to resolve a case study, turning only to legal texts for support. Their marks on this exam represent 75% of their final marks for the subject.
Ongoing assessment
This component is based on students¿ oral interventions in the ¿micro-case study¿ sessions. Their marks on this component represent 25% of their final marks for the subject.
Final exam ¿ Spanish Law tract (Spanish Civil Law)
Structure: This exam consists of a practical exercise for students to resolve and several short-answer questions.
Ongoing assessment
This is the mark awarded accumulatively in the participatory sessions as the course progresses. During the course, students will be assessed for each of their contributions (voluntary or requested by the faculty) during the participatory session, analyses of jurisprudence and document comments. Upon completing the course, the ongoing assessment mark will be computed by averaging all the individual marks..
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.
Bibliography
SPANISH LAW:
- LACRUZ BERDEJO et al.- Elementos de Derecho Civil. Tomos IV y V. Derecho de Familia y Derecho de Sucesiones, Dykinson (the latest edition)
CATALAN LAW:
- DEL POZO-VAQUER-BOSCH, Derecho civil de Cataluña: Derecho de sucesiones, Marcial Pons (the latest edition).
- PUIG FERRIOL and ROCA TRIAS, Institucions del Dret Civil de Catalunya, Vol. II. Dret de la Persona i Dret de Família, y Vol. III. Dret de Successions, Tirant Lo Blanch (the latest edition).
Timetable and sections
| Group |
Teacher |
Department |
| Sec: A |
Sergio Llebaría Samper |
Derecho |
Timetable Sec: A
From 2019/2/4 to 2019/4/8:
Each Monday from 14:30 to 16:30.
Monday 2019/4/29 from 14:30 to 16:30.
| Group |
Teacher |
Department |
| Sec: B |
Teresa Duplá Marín |
Derecho |
Timetable Sec: B
From 2019/2/4 to 2019/4/8:
Each Monday from 14:30 to 16:30.
Monday 2019/4/29 from 14:30 to 16:30.
| Group |
Teacher |
Department |
| Sec: C |
Sergio Llebaría Samper |
Derecho |
Timetable Sec: C
From 2019/2/4 to 2019/4/8:
Each Monday from 14:30 to 16:30.
Monday 2019/4/29 from 14:30 to 16:30.
| Group |
Teacher |
Department |
| Sec: D |
Teresa Duplá Marín |
Derecho |
Timetable Sec: D
From 2019/2/4 to 2019/4/8:
Each Monday from 14:30 to 16:30.
Monday 2019/4/29 from 14:30 to 16:30.
