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: Private Law | |||||
| Lecturers: | |||||
| LUQUIN BERGARECHE, RAQUEL (Resp) [Mentoring ] | DOMINGUEZ YAMASAKI, Mª ISABEL [Mentoring ] | ||||
Descriptors
The course aims to introduce students with a sufficient knowledge of Private Law according the graduate´s profile.
Areas of study are: Law and Society, Person´s Law, Patrimonial Law as a part of Civil Law, Contract Law, Law of Things and Real Rights, and Family and Succession Law.
Concepts such as civil and legal capacity, power of attorney, autonomy of will, obligation, payment, contractual and non-contractual liability, property, economical system of marriage and heir are basics for an international business professional, and essential part of understanding others legal subjects.
General proficiencies
CB1 Students should prove that they have the knowledge of an area that is already studied at the high school level, but that in the university level is based on more advanced handbooks, including aspects in the vanguard of knowledge of the field
CB2 Students should be able to apply their knowledge to their work in a professional way They should be also able to show the usual proficiencies by means of making and defending their positions, and solving problems in their area of study
Generic competences provided by this course:
CG01 Analysis and synthesis skills
CG02 Capacity to organize and planify
CG03 Oral and writing communication in their mother language
CG06 Ability to analyze and search information from different sources
CG07 Ability to solve problems
CG08 Team work skills
CG09 Capacity to work in a team
CG12 Social skills
CG15 Ethical behavior in the job
CG16 Working in stressful environments
CG17 Selfdirected learning
CG24 Human Right protection
Specific proficiencies
CE04 Apply professional criteria and technical tools to solve business problems.
CE10 Create and manage their own business.
Learning outcomes
| Learning outcomes | Contents | Activities | Evaluation tools |
| R07 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A1, A2, A4, A5,A6 | Lectures, Discussion and debate, practical activities in the class |
| R185 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A3, A5 | Lectures, Discussion and debate, practical activities in the class, tutorials. |
| T144 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A2, A3 | Discussion and debate, tutorial in groups. |
| R187 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A1,A2, A3, A4,A5, A6 | Lectures, Practical activity in the class |
| R71 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A2, A3 | Personal study |
| R174 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A1, A2, A5, A6. | Personal tutorials |
| R.124 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A2, A3, A6 | Exams, evaluation tests |
| R.141 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A2, A3 | Exam and practical cases revision |
| R.187 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A2, A3, A6 | Lectures, Discussion and debate, practical activities in the class, exams. |
| R51 | Legal system. Person. Family and Succession Law. Subjective right. Obligations and contracts. Real Rights. | A2, A3, A6 | Lectures, Discussion and debate, practical activities in the class, exams. |
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 outcomes | Evaluation | % | Recoverable |
| R. 185. R. 144. R. 71. R. 174. R. 141. | Practical cases | 10 | No |
| R. 187. R. 51. | Practical activities (Glossary, debates) | 15% | No |
| R. 90. R. 124. R. 187. R. 51. | Final exam: micro-cases. Minimum: 4/10 | 75% | Yes |
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.
- "Introduction to Spanish Private Law: framework and practical cases", VV.AA. Luquin Bergareche, Raquel (Coord.), UPNA, 2017.
- "Handbook on Spanish Civil Patrimonial Law" (second edition), Bergel Sainz de Baranda, Yolanda. Ed. Tecnos, 2016.
- MiAulario.