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 ] | ARRIBILLAGA BLAS, CRISTINA [Mentoring ] | ||||
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
SP04 Apply professional criteria based on the handling of technical instruments to the analysis of business management problems..
SP10 Create and run your own business in its key dimensions.
Learning outcomes
| 172_R_MJ_01 | Systematize in a coherent and critical way the contents of each one of the subjects |
| 172_R_MJ_02 | Writing clearly and using the right terminology in relation to the subjects under study |
| 172_R_MJ_03 | Apply social skills that allow the practice of teamwork. |
| 172_R_MJ_04 | Understand and know the main institutions of Civil Law. |
| 172_R_MJ_05 | Express yourself orally using the terminology of the subject matter. |
| 172_R_MJ_06 | To have a perception of the unitary nature of the legal system and the necessary interdisciplinary vision of legal problems. |
| 172_R_MJ_07 | Know the principles and techniques of legal interpretation. |
| 172_R_MJ_08 | Develop skills related to oral and written communication both among experts in law and with people outside the law. |
| 172_R_MJ_09 | Solve problems through the application of theoretical knowledge to factual assumptions concerning civil law. |
| 172_R_MJ_10 | To solve interdisciplinary legal problems. |
| 172_R_MJ_11 | To choose coherently and critically the contents of each of the subjects. |
| 172_R_MJ_12 | Produce writing related to the subjects of study in a clear manner and using the precise terminology |
| 172_R_MJ_13 | Employ social skills that allow teamwork practice. |
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 |
|---|---|---|---|---|
| R_MJ_02,R_MJ_03,R_MJ_05,R_MJ_06, R_MJ_08 | Practices (Depending of the number and quality of them and of the interventions). | 30 | No | |
| R_MJ_09, R_MJ_10 | Liberatory control test. Test and micro cases | 30 | Yes. In ordinary evaluation. In order to opt for recovery, the student has had to take the liberatory test without passing it | 5/10 |
| R_MJ_04, R_MJ_07,R_MJ_09 R_MJ_10 | Final exam: Test and micro-cases. Minimum: 4/10 | 40 | Yes. In order to take both the final of the ordinary call and the extraordinary one, the student has had to try to pass the subject by taking the different tests of the continuous assessment, as well as the final exam of the ordinary call. | 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.