It is advisable to have previously taken the subjects "Roman Law", "Civil Law II" and "Civil Law III".
At present, one of the issues that raises the most litigation in the courts is the one referring to the so-called "tort liability". Apparently, the requirement of a possible liability to a person that does not have its origin in a previous contractual relationship, may seem something really new and the creation of the most recent legislation and jurisprudence; However, this is an institution - like so many others in Private Law - whose roots are found in Roman Law. Moreover, the very terminology that civilists and jurisprudence use today to refer to it - the well-known expression "Aquilian responsibility" - refers precisely to a law of the Roman Republic, where these assumptions were already considered.
The purpose of this course is to provide students with a historical vision of the different assumptions that can be included within the current tort liability, since the vast majority of them - even those that may seem more current, such as the responsibility of animal owners - were already proposed more than two thousand years ago, and the solutions that were proposed then can still be useful and provide future jurists with a complete vision of this institution.
Course competences | |
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Code | Description |
E01 | To become aware of the importance of law as a regulator of social relations. |
E02 | To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems. |
E05 | Ability to read, interpret, analyse and write legal documents from an interdisciplinary perspective. |
E12 | Analyze the Law and its main public and private legal institutions from their genesis to their current reality. |
G08 | Develop skills in interpersonal relationships, teamwork and leadership skills in work groups. |
G10 | Develop the capacity for analysis and synthesis and promote autonomous learning. |
G15 | Ability to locate, select, process and manage information. |
Course learning outcomes | |
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Description | |
To acquire a basic understanding of the origin and development of the liability concept in the legal world. | |
Additional outcomes | |
Description | |
Before the beginning of the semester, a teaching booklet will be published through MOODLE in which this syllabus will be developed
Training Activity | Methodology | Related Competences (only degrees before RD 822/2021) | ECTS | Hours | As | Com | Description | |
Class Attendance (practical) [ON-SITE] | Lectures | 0.82 | 20.5 | N | N | Theoretical presentation by the professor of the most relevant aspects of the subject | ||
Problem solving and/or case studies [ON-SITE] | Case Studies | 0.45 | 11.25 | Y | N | Throughout the semester, the Professor will propose several practical cases or texts to comment or discuss by the students in class. | ||
Progress test [ON-SITE] | Assessment tests | 0.08 | 2 | Y | N | |||
Writing of reports or projects [OFF-SITE] | Combination of methods | 1.4 | 35 | Y | N | The student must proceed at home to find and read bibliography and jurisprudence in order to prepare the resolution of the different practical cases and the comments of the texts proposed by the Professor. | ||
Study and Exam Preparation [OFF-SITE] | Self-study | 1.75 | 43.75 | N | N | Estimated time necessary to assimilate the basic theoretical aspects of the subject | ||
Total: | 4.5 | 112.5 | ||||||
Total credits of in-class work: 1.35 | Total class time hours: 33.75 | |||||||
Total credits of out of class work: 3.15 | Total hours of out of class work: 78.75 |
As: Assessable training activity Com: Training activity of compulsory overcoming (It will be essential to overcome both continuous and non-continuous assessment).
Evaluation System | Continuous assessment | Non-continuous evaluation * | Description |
Progress Tests | 50.00% | 60.00% | Throughout the semester, two progress tests will be carried out for students who choose the continuous assessment system. Those students who do not opt for the continuous assessment system, as well as those who do not pass both progress tests, must take a final exam on the date set in the academic calendar, which will consist of 4 theoretical questions. |
Assessment of problem solving and/or case studies | 30.00% | 40.00% | Students who opt for continuous assessment must participate actively and profitably in the different practical classes that will take place during the semester. Those students who do not opt for continuous assessment, must carry out a work directed by the Professor. |
Assessment of active participation | 20.00% | 0.00% | The intervention in class carried out in a continuous and satisfactory way to the different questions that may be raised throughout the semester in the different classes will be valued |
Total: | 100.00% | 100.00% |
Not related to the syllabus/contents | |
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Hours | hours |
Unit 1 (de 8): Tort Liability: Basic Notions | |
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Teaching period: 2 weeks |
Unit 2 (de 8): The Law of Obligations in Roman Law and first examples of tort liability | |
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Teaching period: 2 weeks |
Unit 3 (de 8): The Civil Delict of Iniuria | |
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Teaching period: 2 weeks |
Unit 4 (de 8): The "Lex Aquilia de Iniuria": the delict of "Damnum Iniuria Datum" | |
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Teaching period: 2 weeks |
Unit 5 (de 8): The "Quasi-Delicts" (I): Actio si iudex litem suam fecerit & Actio adversus nautas, caupones et stabularius | |
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Teaching period: 2 weeks |
Unit 6 (de 8): The "Quasi Delicts" (II): Actio de effusis vel deiectis & ACtio de Positis | |
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Teaching period: 2 weeks |
Unit 7 (de 8): The responsibility derived from the possession of animals | |
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Teaching period: 2 weeks |
Unit 8 (de 8): The Reception of Tort-Liability in historical spanish law. | |
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Teaching period: 1 week |
General comments about the planning: | Any eventual change in the course planning due to supervening causes will be notified through MOODLE, as well as the dates of the two progress tests, which -in any case- will be published throughout the first two weeks of the semester. |