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Derechos Reales Limitados (D.Civil III) (GED75866)

General information

Type:

 OB

Curs:

 3

Period:

 S semester

ECTS Credits:

 4 ECTS

Teaching Staff:

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

Prerequisites

There are no specific prerequisites.

Previous Knowledge

The knowledge acquired in Civil Law I and Civil Law II and the basic Property Law courses is particularly useful.

Workload distribution

Proposed 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 make further progress in 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 publication tools used in real legal scenarios.

Similarly, the above highlights how this subject helps increase students' understanding and knowledge of our socio-economic situation, given that 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 syllabus (e.g., Administrative Law, Commercial Law, Finance Law and 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 for the reading and understanding of 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. Catalan Law track

I. CO-OWNERSHIP AND SPECIAL PROPERTIES
Lesson 1: Basic types of communities: Roman or pro indiviso. Germanic community. Horizontal property. Joint ownership.

II. LIMITED RIGHTS IN REM
Lesson 2: Rights in rem (I): Usufruct and uses. Usufruct: concepts and traits. Special types of usufruct. Usufruct as the right to make use of. Rights of use and residence.
Lesson 3. Rights in rem (II): Other uses. Easements: concept, traits and foundations; types; structure and foundation. Partial use. Building and over-building right. Time-sharing. Temporary property. Census: classic and current concept.
Lesson 4. Guarantees of real property (I): concept, types and traits. Mortgages: concept, specific traits and economic function; structure; types.
Lesson 5. Guarantees of real property (II): possessory object: concept and traits; structure; content; termination. Pledge without transfer. Real estate mortgages: approach and remission. Liens: concept and traits.

2. Spanish Law track

I. CO-OWNERSHIP AND SPECIAL PROPERTIES
Lesson 1: Basic types of communities: Roman or pro indiviso: concept; shares; faculties in jointly owned property and in shared property; termination. Division. Horizontal properties: traits and foundation; common and privative elements; by-laws and internal regulations; owner rights and responsibilities: the quota; governing bodies and functioning; joint property or complex situations. Other types of communities: shared property: legal regime; timesharing: legal regime.

II. LIMITED RIGHTS IN REM
Lesson 2: Rights in rem: Usufruct: structure, concepts and termination; specialisations regarding the right to residence. Easements: what they¿re for and their purpose; structure and content: termination: in particular, non-use. Partial use: legal regime and comparison with similar legal concepts. Building and over-building: legal regime governing these. Similarities and differences between the two.
Lesson 3. Guarantees of real property: Mortgages: what is a mortgage for? Guarantee of real property and a financial instrument; mortgage formalisation: contract, deed and Property registry; registry type and mortgages; parties in the legal relation; mortgaged good: goods which can be mortgaged and guarantee extension; obligations with mortgages and types of mortgages. The static or security phase: faculties and obligations belonging to the owner, the debtor and the mortgage creditor; the dynamic or execution phase: in particular, urgent measures to bolster the protection afforded to debtors without resources. Payment in kind and other measures; Termination: causes and effects; distinction between termination and cancellation. Welsh mortgage (antichresis): legal regime and current usefulness. Liens: specialisations regarding real estate.

3. Standard format (content for the Spanish Law tract)

I. CO-OWNERSHIP AND SPECIAL PROPERTIES
Lesson 1: Basic types of communities: Roman or pro indiviso. Germanic community. Horizontal property. Joint ownership.

II. LIMITED RIGHTS IN REM
Lesson 2: Rights in rem (I): Usufruct and uses. Usufruct: concepts and traits. Structure and foundation. The right to make use and to residence.
Lesson 3. Rights in rem (II): Other uses. Right to pre-emptive purchase. Easements: concept, traits and foundations; types; structure and foundation. Building and over-building right. Time-sharing: references. Census: reference. Pre-emptive purchase: concept; right of first refusal and to re-purchase; options.
Lesson 4. Guarantees of real property (I): concept, types and traits. Mortgages: concept and specific traits; structure; types.
Lesson 5. Guarantees of real property (II): possessory object: concept and traits; structure; content; termination. Pledge without transfer and real estate mortgages.

4. Extended format (content for the Spanish Law tract)le

Relation between Activities and Contents

1 2 3 4
Lectures        
Participatory classes        
Final exam        

Methodology

In-class sessions will include numerous activities as detailed below:

1. Lectures
Lectures will be given by faculty on a topic corresponding to each section in the syllabus (in chronological order), addressing each issue critically, in-depth and reflecting on key points. The aim of these lectures is not to espouse on the issues in a traditional sense but, rather, to explore the complexity of certain aspects based on a brief presentation of the problem, anecdote or presentation of a conceptually transversal point. This serves to add complexity to the basic knowledge students are expected to acquire from their own preparation and study prior to each session. Consequently, these lectures will also encourage active participation, discussion and the resolution of any questions or doubts students might have.

Faculty also reserve the right to provide additional study material for certain lessons prior to the lecture in question. In these cases, students have to study and prepare said material prior to the session. Lecture classes will serve to resolve questions and doubts that students have, for faculty to raise additional questions and explore the most useful content to achieve the learning objectives in a participatory fashion (the ¿flipped-learning¿ methodology).

2. Participatory sessions
One of the weekly scheduled classes will be dedicated to participatory activities unless otherwise advisable (requiring greater or lesser dedication). Two types of activities will be carried out in these participatory sessions. First are case studies or mini-case studies in which students will have to resolve a given problem on their own using the material they feel pertinent. Students will be given the case study ahead of time to prepare, and the sessions will be dedicated to discussing the cases and participating. The other component consists of the so-called ¿questionnaires¿, comprising concrete questions for students to present their reasoned arguments. Students are required to complete these outside of class. They will then be discussed as a group.

Worth noting is the importance of taking part in these sessions due to the fact that they serve to determine the ongoing assessment mark with its corresponding weight in the final mark for the class. Faculty may also very likely require students to turn in certain assignments for their assessment.

Interdisciplinary Legal Exercise (EJI in Spanish): Only students completing the GED are required to simultaneously prepare and resolve the EJI according to the timelines established by faculty. GED students¿ marks on the EJI are a part of their final marks for the subject, regardless of whether completing the ¿standard¿/basic or ¿extended¿ format of this class.

3. Service-learning activities

As part of the service-learning experience in Civil Law, students will explore the issue of real estate mortgages as a legal and social problem. For this, faculty may dedicate a part of the participatory sessions to carry out activities at the Cáritas Housing Mediation Service Offices. After visiting said office and seeing how it works, students will receive a real case study from this office, representing a case in which it has already negotiated a solution or is in the process of doing so. Students will be required to prepare and present the facts and possible solutions before a panel of ESADE faculty members and Housing Mediation Service attorneys.

Competencies developed

Activities contributing to the development of competency 1: lectures and participatory sessions.
Activities contributing to the development of competency 2: participatory sessions.

ASSESSMENT

ASSESSMENT BREAKDOWN

Description %
Participatory classes 50
Final exam 50

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

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.
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.

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.

Students marks on the ongoing assessment component will remain unchanged whether or not they take the final exam in the first sitting or have to re-sit the latter.

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.

Bibliography

Any of the following textbooks suffice to complete the short bibliography:

SPANISH LAW:
-DIEZ PICAZO and GULLON, Sistema de Derecho civil, volumen III (always ask for the latest edition)
-LACRUZ BERDEJO et al., Elementos de Derecho civil, III. Derechos reales y Derecho inmobiliario registral (always ask for the latest edition)
-MARTINEZ DE AGUIRRE et al., 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 LAW:
-DEL POZO, VAQUER y BOSCH, Derecho Civil de Cataluña. Derechos reales (always ask for the latest edition)
-ROCA TRIAS and PUIG FERRIOL, Institucions de Dret civil de Catalunya, volumen IV (always ask for the latest edition)

Timetable and sections

Group Teacher Department
Sec: A Jorge Castiñeira Jerez Derecho

Timetable Sec: A

From 2019/2/5 to 2019/5/2:
Tuesday and Thursday from 12:45 to 14:15. (Except: 2019/4/16 and 2019/4/18)

Group Teacher Department
Sec: B Jorge Castiñeira Jerez Derecho

Timetable Sec: B

Group Teacher Department
Sec: C Nuria Ginés Castellet Derecho

Timetable Sec: C

Group Teacher Department
Sec: D Nuria Ginés Castellet Derecho

Timetable Sec: D

From 2019/2/5 to 2019/5/2:
Tuesday and Thursday from 12:45 to 14:15. (Except: 2019/4/16 and 2019/4/18)