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Type: |
OB | Curs: |
3 | Period: |
S semester |
ECTS Credits: |
4 ECTS |
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 |
1. GENERAL CONTENT DESCRIPTIONThe 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 REMLESSON 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 REMLESSON 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. |
1 | 2 | 3 | 4 | 5 | |
Lectures | |||||
Participatory classes | |||||
Final exam |
Description | % |
---|---|
Participatory classes | 50 |
Final exam | 50 |
Group | Teacher | Department |
---|---|---|
Sec: A | Nuria Ginés Castellet | Derecho |
Group | Teacher | Department |
---|---|---|
Sec: B | Jorge Castiñeira Jerez | Derecho |
Group | Teacher | Department |
---|---|---|
Sec: C | Nuria Ginés Castellet | Derecho |
Group | Teacher | Department |
---|---|---|
Sec: D | Jorge Castiñeira Jerez | Derecho |