Universidad Pública de Navarra - Nafarroako Univertsitate Publikoa
Public University of Navarre
| Course code: 176103 | Subject title: INTRODUCTION TO PRIVATE LAW | ||||
| Credits: 6 | Type of subject: Basic | Year: 1 | Period: 1º S | ||
| Department: Derecho | |||||
| Lecturers: | |||||
| GOYEN URRUTIA, MARÍA TERESA (Resp) [Mentoring ] | MAZZILLI , ELISABETTA [Mentoring ] | ||||
Learning outcomes
RA09: Understand and know the main institutions of Civil Law.
RA10: Know the principles and techniques of legal interpretation.
RA27: Develop skills related to oral and written communication both among legal experts and with people outside the legal field.
RA28: Solve problems through the application of theoretical knowledge to factual assumptions related to Civil Law.
Methodology
| Activity | Hours | |
| Lectures | 60 | |
| Non presencial activities: | 90 | |
| Discussion and debate, tutorial in groups | 40 | |
| Practical activity in the class | 15 | |
| Personal study | 20 | |
| Personal tutorials | 10 | |
| Exams, evaluation tests | 03 | |
| Exams revision | 02 | |
Evaluation
| Learning outcome |
Assessment activity |
Weight (%) | It allows test resit |
Minimum required grade |
|---|---|---|---|---|
| In-class participation | 10 | No | ||
| Practices | 30 | Yes. Case resolution test | 5/10 | |
| Works publicly defended | 20 | No | ||
| Final exam | 40 | Yes | 4/10 |
Agenda
Chapter I: Legal System.
1. Legal system and legal rule. Private Law. Civil Law.
2. Sources of Law: positive law. Mandatory and default rules.
3. Spanish Civil Code and other civil laws.
4. Spanish Constitution of 1978.
5. Law and Business.
Chapter II: Person´s Law.
1. Legal capacity and capacity to act. Patrimony.
2. Natural person and personality. Civil and legal capacity. Minority of age. Emancipation. Incapacitation. Civil Registry.
3. Artificial persons: associations and foundations.
Chapter III: Subjective right.
1. Legal relationship and subjective right: concept and types.
2. Acquisition and loss of rights: prescription and limitation.
3. Exercise of rights. Representation.
Chapter IV: Obligations.
1. Obligation relationship: concept, sources and types.
2. Performance of obligations. Payment and other ways.
3. Non-performance of obligations: types and effects.
Chapter V: Credit protection and guarantee obligations.
1. Unlimited personal liability principle.
2. Debtor´s assets: conservation. Legal actions. Declaration of insolvency.
3. Legal warranties: retention-of-title right.
Chapter VI: Contracts.
1. Concept. Types.
2. Contract requirements: consent, object and cause.
3. Form of the contract.
Chapter VII: Effectiveness and ineffectiveness of contract.
1. Effectiveness: related parties and against third parties.
2. Ineffectiveness. Nullity and voidability. Rescission.
Chapter VIII: Study of some types of contracts (1)
1. Contract of sale.
2. Donation contract.
3. Lease contracts.
Chapter IX: Study of some types of contracts (2)
1. Partnership contract.
2. Deposit contract.
3. Mandate.
4. Loan contracts.
Chapter X: Non-contractual liability.
1. Concept and evolution. Requirements: unlawful act or omission. Fault or negligence. Damage. Link between conduct and damage. Imputability criteria.
2. Negligence-based liability. Special reference to the liability for the actions of others.
3. Strict liability.
Chapter XI: Things and goods.
1. Real Rights: concept, specific characteristics and types.
2. Different ways of acquire property and other real rights. Original and derivative acquisition ways. Theory of ¿tittle and modus¿.
3. Possession: concept, types and effects.
4. Property Registry. Registration: concept, principles and main effects.
Chapter XII: Property. Joint ownership.
1. Concept. Social function of property in Spanish Constitution. Ways of acquire private property. Actions to protect the right of property. Special properties: intellectual property regime.
2. Joint ownership. Horizontal Property Law.
Chapter XIII: Limited real rights.
1. Limited real rights of enjoyment. Special reference to usufruct, use, easements.
2. Limited real rights of guarantee. Special reference to mortgage.
3. Limited real rights of acquisition. Option. First refusal. Redemption.
Chapter XIV: Family and Succession Law.
1. Economic systems of marriage: community property or community of gains system and separate property system. Participation system.
2. Succession Law. The heir. Acceptance. Benefit of inventory.
3. Testamentary succession. Testament. Legitime.
4. Legal succession: family relationship's rules. Order of intestate succession.
Bibliography
Access the bibliography that your professor has requested from the Library.
- "Handbook on Spanish Civil Patrimonial Law" (second edition), Bergel Sainz de Baranda, Yolanda. Ed. Tecnos, 2016.
- MiAulario.