Students should have passed Civil Law I, although this is not an obligatory requirement. Students must have sufficient knowledge of English language of level A2-B1 according to the Common European Framework of Reference for Languages. Justification of the course in the curriculum, its connection to other subjects and relevance for the legal profession Justification: Civil Law Course II is a key part in the formation of a lawyer and deals with the subjective rights arising from binding relations. It introduces students to civil law practice.
Justification: Civil Law Course II is a key part in the formation of a lawyer and deals with the subjective rights arising from binding relations. It introduces students to civil law practice. Civil law regulates the exchange of goods and services through the legal structure of a contract. According to a contract a creditor is entitled to require the supply of goods or services from a debtor. The aim of Civil Law Course II is to analyze the general concept of obligations and to give an overview of the different types of contractual relations. Its primary goal is to familiarize students with the structure, subjects and binding effects of contractual relationships (compliance and non-compliance), their modification and termination. Within the study the overall focus will be on the essential elements of a contract. Further issues include the question of when a contract becomes effective, its elements and interpretation. Moreover the course offers an overview of the sources of obligation, its classification, breach and extinction. Finally, the remedies for non-performance, warranty liabilities and credit protection will be discussed.
Objectives and learning outcomes: Learn to appreciate the interdisciplinary nature of legal issues and value the systematic order of the legal system. Acquire a detailed knowledge of the most important legal institutions, comprising its current significance through its evolution. Students have developed the ability to legal reasoning and argumentation by applying legal knowledge to practical problems. Students should be able to propose reasonable solutions to legal disputes pondering through discussion and dialogue the most appropriate response. Mastering oral and written skills in order to present a coherent legal knowledge referring the context in which it is required.
Civil Law Course II is a key part in the formation of a lawyer and deals with the subjective rights arising from binding relations. It introduces students to civil law practice. Civil law regulates the interchange of goods and services through the legal structure of a contract. According to a contract a creditor is entitled to require a provision of goods or services from a debtor. The aim of Civil Law Course II is to analyse the general concept of obligations and to give an overview of the different types of contractual relations. Its primary goal is to familiarize students with the structure, the subjects and objects, the binding effects of contractual relationships (compliance and non-compliance), their modification and termination. Within the study of contracts the overall focus will be on the essential elements of a contract. Other issues include the question of when a contract becomes effective, incidental elements of a contract and its interpretation. Moreover the course provides an overview of the sources of obligation, its classification, breach and extinction. Finally, the remedies for non-performance, warranty liabilities and credit protection will be discussed. Position of the course in the graduate program: the subsequent course of Civil Law III deals with the study of different types of contracts in particular. Students will be trained to find the corresponding legal applicable to contracts. Students will be encouraged to acquire the necessary skills to solve case studies. Relevance for the legal profession: this course is essential for students who want to work as legal professionals (e.g. lawyer, attorney, judge, notary or registrar or as judicial secretary).
| Course competences | |
|---|---|
| Code | Description |
| E02 | To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems. |
| E03 | Learn to use constitutional principles and values as a working tool in the interpretation of the legal system. |
| E05 | Ability to read, interpret, analyse and write legal documents from an interdisciplinary perspective. |
| E07 | To critically analyze the legal system that allows the identification of the social values underlying the legal norms and principles. |
| E08 | Work on dialogue, debate, argumentation and the proposal of reasonable solutions in different contexts. |
| E13 | Solve problems arising from the application of general principles of law and legal norms to factual situations. |
| E14 | Acquire the capacity to provide legal advice to public, private and private entities. |
| G01 | Knowledge of a second foreign language, preferably English, at Level B1 of the Common European Framework of Reference for Languages. |
| G02 | Knowledge at the user level of Information and Communication Technologies |
| G10 | Develop the capacity for analysis and synthesis and promote autonomous learning. |
| G14 | Ability to apply knowledge to practice. |
| G15 | Ability to locate, select, process and manage information. |
| Course learning outcomes | |
|---|---|
| Description | |
| To appreciate the interdisciplinary nature of legal issues and to assess the systematic unity of our legal system as a whole. | |
| Propose reasonable solutions to legal conflicts that may arise, by assessing the most appropriate response through debate and dialogue. | |
| Reason and argue legally through the application of knowledge to practical problems. | |
| Acquire knowledge of the main private legal institutions, understanding their current significance through their evolution. | |
| To master oral and written skills in order to present the required legal knowledge in a coherent and reasoned manner. | |
| Additional outcomes | |
| Description | |
| Learn to appreciate the interdisciplinary nature of legal issues and value the systematic order of the legal system. Acquire a detailed knowledge of the most important legal institutions, comprising its current significance through its evolution. Students will develop the ability to legal reasoning and argumentation by applying legal knowledge to practical problems. Students should be able to propose reasonable solutions to legal disputes. Students will be encouraged to improve their oral and written skills in order to present a coherent legal knowledge referring the context in which it is required. Objectives and learning outcomes Learn to appreciate the interdisciplinary nature of legal issues and value the systematic order of the legal system. Acquire a detailed knowledge of the most important legal institutions, comprising its current significance through its evolution. Students have developed the ability to legal reasoning and argumentation by applying legal knowledge to practical problems. Students should be able to propose reasonable solutions to legal disputes pondering through discussion and dialogue the most appropriate response. Mastering oral and written skills in order to present a coherent legal knowledge referring the context in which it is required. To understand the systematic nature of the legal system and the interdisciplinary nature of legal problems. Learn to use constitutional principles and values as a working tool in the interpretation of the legal system. Ability to read, interpret, analyse and write legal documents from an interdisciplinary perspective. To critically analyze the legal system that allows the identification of the social values underlying the legal norms and principles. Work on dialogue, debate, argumentation and the proposal of reasonable solutions in different contexts. Solve problems arising from the application of general principles of law and legal norms to factual situations. Acquire the capacity to provide legal advice to public, private and private entities. Knowledge of a second foreign language, preferably English, at Level B1 of the Common European Framework of Reference for Languages. Knowledge at the user level of Information and Communication Technologies |
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Unit 1: THE LAW OF CONTRACT
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Unit 2: ESSENTIALS OF A VALID CONTRACT
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Unit 3: FORMATION OF CONTRACT
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Unit 4: EFFECTIVENESS OF CONTRACTS
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Unit 5: INCIDENTAL ELEMENTS OF CONTRACT
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Unit 6: CONTRACT INTERPRETATION
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Unit 7: INEFFECTIVENESS OF CONTRACT
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Unit 8: LAW AND SOURCES OF OBLIGATIONS
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Unit 9: CLASSIFICATION OF OBLIGATIONS
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Unit 10: CHANGING RELATIONS
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Unit 11: EXTINCTION OF OBLIGATIONS
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Unit 11.1: PAYMENT OR PERFORMANCE
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Unit 11.2: ALTERNATIVE PERFORMANCE
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Unit 12: BREACH OF OBLIGATIONS
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Unit 13: REMEDIES FOR NON-PERFORMANCE
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Unit 14: WARRANTY LIABILITY
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Unit 15: CREDIT PROTECTION
Civil law regulates the interchange of goods and services through the legal structure of a contract. A contract is a voluntary arrangement between two or more parties that is enforceable at law as a binding legal agreement. According to a contract a creditor is entitled to require a provision of goods or services from a debtor. Contract is a branch of the law of obligations in jurisdictions of the civil law tradition. The aim of Civil Law Course II is to analyse the general concept of obligations and to give an overview of the different types of contractual relations. Its primary goal is to familiarize students with the structure, the subjects and objects, the binding effects of contractual relationships (compliance and non-compliance), their modification and termination. Within the study of contracts the overall focus will be on the essential elements of a contract. Other issues include the question of when a contract becomes effective, incidental elements of a contract and its interpretation. Moreover the course provides an overview of the sources of obligation, its classification, breach and extinction. Finally, the remedies for non-performance, warranty liabilities and credit protection will be discussed. Connection to other subjects: the subsequent course is Civil Law III and its aim is the study of different types of contracts in particular. Students will be prepared for that subsequent course in that they acquire the ability to find the corresponding legal norm applicable to contracts. Students learn to apply legal rules in case studies. Relevance for the legal profession: this course is essential for students who want to work as legal professionals (e.g. lawyer, attorney, judge, notary or registrar or as judicial secretary).
| Training Activity | Methodology | Related Competences (only degrees before RD 822/2021) | ECTS | Hours | As | Com | Description | |
| Class Attendance (theory) [ON-SITE] | Lectures | E02 E03 E05 E07 E08 | 1.08 | 27 | N | N | Lectures. | |
| Other off-site activity [OFF-SITE] | Self-study | G01 G02 | 1.4 | 35 | N | N | Preparation and study of topics. | |
| Class Attendance (practical) [ON-SITE] | Problem solving and exercises | E07 G14 G15 | 0.6 | 15 | Y | N | Exposition and solution of case studies in accordance with contents presented in the lectures. | |
| Practicum and practical activities report writing or preparation [OFF-SITE] | Case Studies | E05 E07 E08 E13 E14 G10 G14 G15 | 1.4 | 35 | Y | N | Preparation of papers and reports to be handed in for assignment. | |
| Study and Exam Preparation [OFF-SITE] | Self-study | E05 | 1.4 | 35 | N | N | Individual study time of preparation for progress test and final exam. | |
| Progress test [ON-SITE] | Assessment tests | E02 E03 E05 E07 E08 E13 E14 | 0.06 | 1.5 | Y | N | Written exam about the theoretical and practical topics covered in class. | |
| Final test [ON-SITE] | Assessment tests | E03 E05 E07 E08 E13 E14 | 0.06 | 1.5 | Y | Y | Final exam about all theoretical and practical topics covered in class. | |
| Total: | 6 | 150 | ||||||
| Total credits of in-class work: 1.8 | Total class time hours: 45 | |||||||
| Total credits of out of class work: 4.2 | Total hours of out of class work: 105 | |||||||
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 |
| Assessment of problem solving and/or case studies | 30.00% | 0.00% | Finding solutions to case studies, solve practical cases presented in class. |
| Progress Tests | 70.00% | 0.00% | Written test on the topics covered (theoretical and practical). |
| Final test | 0.00% | 100.00% | Students who have not solved the case studies and have not written or passed the progress text, have to take a final exam that consists of a theoretical-practical part that accounts for 70% of the grade, and a practical part including case studies and problems, that accounts for 30% of the final grade |
| Total: | 100.00% | 100.00% |
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Continuous assessment:- Students' progress will be assessed regularly on the basis of:
- The results obtained from theoretical and practical work according to the schedule (formative assessment and final exam).
- Participation in solving case studies and discussion of corresponding topics in classroom. Assessment of skills necessary for team work and autonomous learning.
- Those students who fail both written exams (progress test and final exam) must present themselves at the extraordinary examination date. The evaluation is proportional to the acquisition of skills and results obtained by the student. Due to the subject taught and the competences to be assumed, the accreditation of the knowledge acquired in the objective assessment tests is a necessary (although not sufficient) condition. -
Non-continuous evaluation:- Mastery of the subject, both in its theoretical and practical aspects.
- Ability to synthesize and correctly apply the legal terminology of the Law of Obligations and Contracts.
- Clarity in the solution and argumentation of case studies.
| Not related to the syllabus/contents | |
|---|---|
| Hours | hours |
| Unit 1 (de 15): THE LAW OF CONTRACT | |
|---|---|
| Comment: The time planning of the class contents will be adjusted to the schedule and dates stipulated in the academic calendar. Time planning may be subject to variations as a result of unforeseen circumstances, which will be communicated through the platform Virtual Campus. |
| Unit 3 (de 15): FORMATION OF CONTRACT | |
|---|---|
| Comment: The time planning of the class contents will be adjusted to the schedule and dates stipulated in the academic calendar. Time planning may be subject to variations as a result of unforeseen circumstances, which will be communicated through the platform Virtual Campus. |
| General comments about the planning: | The time planning of the class contents will be adjusted to the schedule and dates stipulated in the academic calendar. Time planning may be subject to variations as a result of unforeseen circumstances, which will be communicated through the platform Virtual Campus. |
| Author(s) | Title | Book/Journal | Citv | Publishing house | ISBN | Year | Description | Link | Catálogo biblioteca |
|---|---|---|---|---|---|---|---|---|---|
| Bercovitz, Rodrigo (Coord.) | Manual de Derecho Civil. Obligaciones (4ª ed.) | Madrid | Bercal | 978-84-89118-26-3 | 2017 |
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| Bercovitz, Rodrigo (Coord.) | Manual de Derecho Civil. Contratos (5ª ed.) | Madrid | Bercal | 978-84-89118-32-4 | 2019 | ||||
| Carrasco Perera, Ángel | Derecho de contratos (3ª ed.) | Cizur Menor (Navarra) | Aranzadi | 978-84-1345-737-8 | 2021 |
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| Cordero Lobato, Encarna y Marín López, Manuel Jesús | Lecciones de Derecho Civil. Derecho de Obligaciones y Contratos en general (5ª ed.) | Madrid | Tecnos | 978-84-309-8228-8 | 2021 |
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| Díez-Picazo, L., E. Roca, A.M. Morales | Los principios de derecho europeo de contratos | Madrid | Civitas | 84-470-1780-X | 2002 |
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| Díez-Picazo, L., E. Roca, A.M. Morales | Los principios de derecho europeo de contratos | Madrid | Civitas | 84-470-1780-X | 2002 | ||||
| Díez-Picazo, Luis | Fundamentos del Derecho Civil Patrimonial, vol. I (6ª ed.). Introducción. Teoría del contrato | Cizur Menor (Navarra) | Civitas | 978-84-470-2665-4 | 2007 |
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| Díez-Picazo, Luis | Fundamentos del Derecho Civil Patrimonial, vol. II (6ª ed.). Las relaciones obligatorias | Cizur Menor (Navarra) | Civitas | 978-84-470-2944-0 | 2008 |
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| Díez-Picazo, Luis / Gullón, Antonio | Sistema de Derecho Civil, vol. II, tomo I (11ª ed.). El contrato en general. La relación obligatoria | Madrid | Tecnos | 978-84-309-6874-9 | 2016 | ||||
| Díez-Picazo, Luis / Gullón, Antonio | Sistema de Derecho Civil, vol. II, tomo II (12ª ed.). Contratos en especial. Cuasicontratos. Enriquecimiento sin causa. Responsabilidad extracontractual | Madrid | Tecnos | 978-84-309-7464-1 | 2018 | ||||
| F. Redondo Trigo | De los Principios Lando al marco común de referencia del Derecho Privado Europeo. Hacia un nuevo Ius Commune | Madrid | Ministerio de Justicia | 0210-301X | 2000 | ||||
| G. Christandl | Der Vertrag zugunsten Dritter im Entwurf für ein neues spanisches Schuldrecht im Spiegel des europäischen Vertragsrechts | Múnich | Beck Verlag | 0943-3929 | 2012 | ||||
| Landon, Ole and H. Beale (Eds.) | Principles of European Contract Law. Part I and II. Prepared by the Commission on European Contract Law | The Hague | Kluwer Law International | 90-411-1305-3 | 2000 | ||||
| Landon, Ole, E. Clive, A. Prüm & R. Zimmermann (eds.) | Principles of European Contract Law, Part III | Kluwer Law International | 2003 | ||||||
| Ministerio de Justicia | Spanish Civil Code (Código Civil) (PDF. 2,14 MB) | Madrid | Ministerio de Justicia | 2014 | |||||
| Ministerio de Justicia | Code of Comerce (Código de Comercio) (PDF. 2,12 MB) | Madrid | Ministerio de Justicia | 2014 | |||||
| Research Group on the Existing EC Private Law Acquis Group | Contract I And Contract II | Múnich | Sallier | 2009 | |||||
| Schulze, R. (ed.) | Common Frame of Reference and Existing EC Contract Law | Múnich | Sallier | 2009 | |||||
| Varul, Paul (Ed.) | European Initiatives (CFR) and Reform of Civil Law in New Member States | Tartu | 2008 | https://www.juridicainternational.eu/public/pdf/ji_2008_1_cover.pdf | |||||
| W. Gerhard | The Common Frame of Reference [electronic resource] | Múnich | Sallier | 2009 | https://www.unisob.na.it/universita/facolta/giurisprudenza/age/dcfr_inglese.pdf | ||||
| von Bar, Christian, Eric Clive and Hans Schulte-Nölke, Hugh Beale, | Principles, Definitions and Model Rules of European Private Law: Draft Common Frame of Reference (DCFR) | Múnich | Sallier | 2009 | https://www.ccbe.eu/.../EUROPEAN_PRIVATE_LAW/EN_EPL_20100107_Principles_... |