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Relación jurídico real y derecho de la propiedad (D.Civil III) (GED75865)

General information

Type:

OB

Curs:

3

Period:

S semester

ECTS Credits:

4 ECTS

Teaching Staff:

Group Teacher Department Language
Sec: A Nuria Ginés Castellet Derecho ESP

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

Group Teacher Department Language
Sec: C Nuria Ginés Castellet Derecho ESP

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

Prerequisites

There are no specific prerequisites.

Previous Knowledge

The knowledge acquired in Civil Law I and Civil Law II subjects.

Workload distribution

Proposed training activities:
- Classroom-based: 45% of credits (lectures 21% and participatory sessions 24%)
- Guided activities: 30% of credits
- Independent study: 25% of credits

COURSE CONTRIBUTION TO PROGRAM

Civil Law III provides students with the necessary preparation to further their consolidation of a general vision of Civil Law, which is completed with the Civil Law IV course. Moreover, in conjunction with Civil Law II, it forms the backbone of Property Law, both in terms of private legal relations and, to a great extent, in terms of the legal relations subject to Public Law.

Furthermore, it is a subject that involves the study and assimilation of the following areas: the legal system governing property, including the different categories of rights covering the latter; the mechanisms of acquisition, transmission, modification and termination of these rights; and, naturally, possession as a legally relevant phenomenon; finally, the Property Register, which along with possession, are the basic publicity tools used in real legal scenarios.

Similarly, the above highlights how this subject helps increase students' understanding and knowledge of our socio-economic situation, since one of the central points of the latter is learning about the private property legal system. This is a key element in the organisation and management of economic resources and an explicit expression of any political ideology given a constitutional basis, which opts for an economic model with capitalist features. Hence its great impact on the majority of the other disciplines within the Bachelor in Law programme (e.g., Administrative Law, Commercial Law, Finance Law, Criminal Law).

Course Learning Objectives

The course's specific aims will enable students that pass to:
1. Acquire a comprehensive vision and understanding of the contents of the course.
2. Master the appropriate techniques to read and understand legal texts and sources.
3. Master the appropriate techniques for the application of legal texts and sources.
4. Develop the appropriate habits and techniques for the interpretation of legal texts.
5. Develop the technique of writing legal texts.
6. Develop the instrumentalist and utilitarian vision of Law.

CONTENT

1. GENERAL CONTENT DESCRIPTION

The different Civil Law III subjects (1 and 2), includes the general study of Rights in Rem, with a special emphasis on Property Rights and what is traditionally referred to as the Law of Things ("Derecho de Cosas" in Spanish). The latter includes an analysis of all norms dedicated to regulate real legal situations and the legal system regarding goods and property in a static sense (that is, in terms of their ownership rights and the system governing those rights). This is different from the Civil Law II subject which analysed dynamic property relations. Thus, students are expected to achieve a coherent and holistic understanding of the different ¿real¿ legal situations present in our legal system. In particular, they need to comprehend what underlies the adjective "rea"¿ as applied to ownership in Law and how to resolve conflicts between its traits (stemming from its classification as "real") and the different legal realities in which it is applied, all from a functional and critical view. Students will also study Registry Law and the purpose of the Land/Property Register. This is a fundamental part of the previous topic though by no means less important. It is the fundamental institution to publicise (and safeguard) the legal-real owners of property. Students will thus gain an exact and overall view of official register publication as well as its aims and legal effectiveness. For this students will explore the legal system structure and dynamics of said Land Register.

2. Standard part (Catalan Law)

A. RIGHTS IN REM
LESSON 1: RIGHTS IN REM. BASIC CONCEPT, CONTENT AND STRUCTURE. Rights in rem: concept and traits. Types. Possession: concept, objects and types. Protection: acts of possession. Intermediate figures.
LESSON 2: ACQUISITION AND LOSS OF RIGHTS IN REM. Means of acquisition. Ordinary and derivative acquisition. Theory on titles and manner: tradition. Usucapio (acquire by prescription): concept, basis, types and effects. A non domino acquisitions. Specialisations in Property Law: concept of accession, occupation, discovery and treasure. Termination: causes and effects.
B. PROPERTY RIGHTS
LESSON 3: PROPERTY RIGHTS: Concept (as an institution and a right). Essential traits. Structure. Content: faculties. Access to property rights: right of first refusal (pre-emption): concept and origin; refusal and retraction; option. Property right dynamics: Limits and limitations. Protective measures: a) redhibitory action; b) declarative action; c) negation. Temporary property: concept and traits.
C. PROPERTY REGISTER
LESSON 4: PROPERTY REGISTER. CONCEPT AND BASIC FUNCTIONS. Spanish system of registers. General approximation. Register system principles. Substantive principles: publication, legitimation, certification and priority. Formal principles: chain of title, petition, legality and specialty.
LESSON 5: REGISTRATION AND REGISTRY PROCEDURES. Object of registration: legal situations which cannot be registered and their means of proof. Estates as the basis for registration. Registry procedures. Initial phase: presentation entry. Qualification phase. Types of entries: registrations, preventative annotations, marginal notes and cancellation.

3. Extended part (Catalan Law)

LESSON 1. RIGHTS IN REM IN IMMOVABLE PROPERTY: CREATION, VALIDITY AND TERMINATION. Means of acquisition: 1) Title and type: validity, efficacy, title defects or traditional defects; 2) property rights specialisations: accession to property; ordinary and reverse accession. Termination of rights in rem: relation between prescription and non-use.
LESSON 2. POSSESSION THROUGH SHARES. Sense and usefulness of the legal possession regime: 1) Acquisition, exercise and loss; 2) how and when to use possessory actions; 3) current efficacy of possessory assumptions; 4) usucapio (positive prescription): requirements, development and nuances in its effects; settlement of the possessory state. Acquisitions a non domino over immovable assets: when these occur and their justifications.
LESSON 3. PROPERTY REGISTRY DYNAMICS: APPLICATION OF REGISTRATION PRINCIPLES. Sense and usefulness of the registry system: 1) Application of substantive principles: publicity; legitimation; certification; and priority; 2) the third-party concept. Protection and scope; 3) application of formal principles; chain of title; petitions; legality and specialisation. Acquisitions a non domino over immovable assets: when these occur and their justifications.
LESSON 4. PROPERTY LAW. Prohibitions to make use of property affecting immovable assets: types, requirements and effects. Access to property rights: right of first refusal (pre-emption): 1) legal regime for options, refusal and retraction; 2) analogies and differences between options, refusal and retraction. Property right dynamics over immovable assets: what neighbourhood relations are and their purpose; violation of neighbourhood norms; in particular, easement; 3) delimitation and closing of estates.

4. Standard part (Spanish Law)

A. RIGHTS IN REM
LESSON 1: RIGHTS IN REM. POSSESSION. Concept and traits. Possession: concept, objects and types. Protection: acts of possession. Intermediate figures.
LESSON 2: ACQUISITION AND LOSS OF RIGHTS IN REM. Means of acquisition. Ordinary and derivative acquisition. Theory on titles and manner: tradition. Usucapio (acquire by prescription): concept, basis, types and effects. A non domino acquisitions. Specialisations in Property Law: concept of accession, occupation, discovery and treasure. Termination: causes and effects.
B. PROPERTY RIGHTS
LESSON 3: PROPERTY RIGHTS: Concept (as an institution and a right). Essential traits. Content: faculties. Property right dynamics: Limits and limitations. Protective measures: a) redhibitory action; b) declarative action; c) negation.
C. PROPERTY REGISTER
LESSON 4: PROPERTY REGISTER. Concept and basic functions. Spanish system of registers. Substantive principles: publication, legitimation, certification and priority. Formal principles: chain of title, petition, legality and specialty.
LESSON 5: REGISTRATION AND REGISTRY PROCEDURES. Purpose of registration: situations subject to legal registration and means of proof. The registered title as the basis of the register. Registry procedures. Initial phase: presentation entry. Qualification phase. Types of entries: registrations, preventative annotations, marginal notes and cancellation.

5. Extended part (Spanish Law)

LESSON 1. RIGHTS IN REM IN IMMOVABLE PROPERTY: CREATION, VALIDITY AND TERMINATION. Means of acquisition: 1) Title and type: validity, efficacy, title defects or traditional defects; 2) property rights specialisations: accession to property; ordinary and reverse accession. Termination of rights in rem: relation between prescription and non-use.
LESSON 2. POSSESSION THROUGH SHARES. Sense and usefulness of the legal possession regime: 1) Acquisition, exercise and loss; 2) how and when to use possessory actions; 3) current efficacy of possessory assumptions; 4) usucapio (positive prescription): requirements, development and nuances in its effects; settlement of the possessory state. Acquisitions a non domino over immovable assets: when these occur and their justifications.
LESSON 3. PROPERTY REGISTRY DYNAMICS: APPLICATION OF REGISTRATION PRINCIPLES. Sense and usefulness of the registry system: 1) Application of substantive principles: publicity; legitimation; certification; and priority; 2) the third-party concept. Protection and scope; 3) application of formal principles; chain of title; petitions; legality and specialisation. Acquisitions a non domino over immovable assets: when these occur and their justifications.
LESSON 4. PROPERTY LAW. Prohibitions to make use of property affecting immovable assets: types, requirements and effects. Property right dynamics over immovable assets: what neighbourhood relations are and their purpose; violation of neighbourhood norms; in particular, easement; 3) delimitation and closing of estates.

Relation between Activities and Contents

1 2 3 4 5
Lectures          
Participatory classes          
Final exam          

Methodology

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Participatory classes 50
Final exam 50

Assessment criteria

Assessment will be graded between 0 and 10, and will consist of a final exam, contributing 50%, and an ongoing assessment component worth 50% (course mark).

Students must pass the final exam (minimum score of 5/10) to determine the overall mark for the course.

Attendance is compulsory to pass the ongoing assessment component.

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.


Final exam

It will consist of three parts:
a) 20 multiple-choice questions (with four options, one of which is correct). This section will be marked from 0 to 3. The correct answers will be added up while unanswered questions will not. Contrarily, incorrect answers will deduct points (one third of the point given for a correct answer).
b) Short answers: this will generally consist of two questions (three if they are short), requiring students' personal consideration and development rather than giving an answer based on memorising the course content. This section will be marked from 0 to 4 if it also includes a multiple-choice component or from 0 to 6 if it does not.
c) Problem-solving activity: this will be an exercise consistent with activities completed in class resolving a short case study. It will be marked from 0 to 3 if the exam includes a multiple-choic component of from 0 to 4 if it does not.


Ongoing assessment mark

This is the mark awarded accumulatively as the course progresses. During the course the students will be assessed for each of their contributions (voluntary or requested by the faculty) that they are required to make during the participatory sessions. 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 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 course mark. Consequently, students will not be able to pass this subject.

Bibliography

The following texts can be used to complement the short bibliography:
SPANISH TRACT:
-DIEZ PICAZO y GULLON, Sistema de Derecho civil, volumen III (always ask for the latest edition)
-LACRUZ BERDEJO y otros, Elementos de Derecho civil, III. Derechos reales y Derecho inmobiliario registral (always ask for the latest edition
-MARTINEZ DE AGUIRRE y otros, Curso de Derecho civil, volumen 3 (always ask for the latest edition)
-PEÑA BERNALDO DE QUIROS, Derechos reales. Derecho hipotecario (always ask for the latest edition)

CATALAN TRACT
-DEL POZO, VAQUER y BOSCH, Derecho Civil de Cataluña. Derechos reales (always ask for the latest edition)
-ROCA TRIAS y PUIG FERRIOL, Institucions de Dret civil de Catalunya, volumen IV (always ask for the latest edition)

Timetable and sections

Group Teacher Department
Sec: A Nuria Ginés Castellet Derecho

Timetable Sec: A

From 2018/9/6 to 2018/11/22:
Tuesday and Thursday from 13:00 to 14:30. (Except: 2018/9/11 and 2018/11/1)

Group Teacher Department
Sec: B Jorge Castiñeira Jerez Derecho

Timetable Sec: B

From 2019/2/5 to 2019/5/2:
Tuesday and Thursday from 14:30 to 16:00. (Except: 2019/4/16 and 2019/4/18)

Group Teacher Department
Sec: C Nuria Ginés Castellet Derecho

Timetable Sec: C

From 2019/2/5 to 2019/5/2:
Tuesday and Thursday from 14:30 to 16:00. (Except: 2019/4/16 and 2019/4/18)

Group Teacher Department
Sec: D Jorge Castiñeira Jerez Derecho

Timetable Sec: D

From 2018/9/6 to 2018/11/22:
Tuesday and Thursday from 13:00 to 14:30. (Except: 2018/9/11 and 2018/11/1)