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Course: 2024/2025

Civil Law I

(13940)

Dual Bachelor in Law and Political Science (Plan: 413 - Estudio: 232)

Coordinating teacher: SIRVENT GARCIA, JORGE

Department assigned to the subject: Private Law Department

Type: Compulsory

ECTS Credits: 3.0 ECTS

Course: 2º

Semester: 1º

Requirements (Subjects that are assumed to be known)

The student doesn´t need to have passed any specific subject to study this subject, as it is an introductory subject of Civil Law

Objectives

The student shall reach, from the comprehension and critical analysis, a reasonable level of knowledge with regard to the discipline, and shall conveniently learn to solve practical conflicts. The student shall achieve, in this first course, skills in the use of technical legal terminology within the Civil Law, as well as to deal with bibliographic and jurisprudential sources.

Skills and learning outcomes

Link to document

Description of contents: programme

This subject starts with an introduction which aim is to give the student one of the most significant features of our Law: the legal-civil plurality of the Spanish System. It continues with the indispensable study of the person, which is the core and axis of the discipline: beginning and end of it, its capacity, civil protection of the so called personality rights and the regime of the different civil statutes. Also subject to analysis is the general legal regime of artificial or legal persons, and of foundations and associations in particular. The last part of the program is dedicated to the core questions of Private Law, such as the patrimony and its types, the subjective right and its limits, the autonomy of will and act of the law and the representation. The subject deals with essential matters not only for the Civil Law, but also for other fields of Private Law, so we could speak of an introduction to Private Law. PROGRAM Lesson 1.- Spanish Civil Law. 1.- Civil Law: concept and current content. 2.- Legal-civil plurality in the Spanish legal system: Foral Laws. 3.- Legislative competence with regard to Civil Law. 4.- The Civil Code and special civil laws. 5.- The system of sources of Civil Law. PERSONS. Lesson 2. The person. Personality rights. Legal capacity or capacity to act 1.- Concept of person. 2.- Civil statutes: current sense. 3.- Starting of personality. Legal protection of the nasciturus. 4.- Death 5.- Personality rigths. 6.- Legal capacity. Minority. Parental authority. 7.- Parental authority. Guadrianship of minors. The emancipated minor. 8.- Disability. Support measures. Lesson 3. Nationality. Civil residence. Domicile. Civil Registry. 1.- Basic legal regime of Spanish nationality. 2.- Civil residence. 3.- Domicile. Absence and declaration thereof. 4.- The Civil Registry. Lesson 4.- ARTIFICIAL OR LEGAL PERSONS. 1.- The basis and significance of the legal person. 2.- The abuse of the legal person. 3.- Types of legal persons. 4.- The constitution of the legal person. 5.- Domicile and nationality of legal persons. 6.- Associations and foundations. Lesson 5.- SUBJECTIVE RIGHT AND LIMITS: GOOD FATH AND ABUSE OF RIGHT. PRESCRIPTION AND CADUCITY. 1.- Subjective right: concept, structure and types. 2.- Birth, acquisition, modification, transfer, loss and extinction of the subjective right. Waiver of rights. 3.- The exercise of the subjective right and its limits. 4.- Good faith as limit to the exercise of the subjective right. 5.- Abuse of right. 6.- Prescription. 7.- Caducity. Lesson 6. THE PATRIMONY AND ACT OF THE LAW. 1.- Patrimony: concept, composition and basic functions. Kinds of patrimony. 2.- The goods: concept and requirements.. Classification of goods. 3.- Products, improvements and expenses. 4.- The legal act.. Private autonomy: concept, functions and limits. 5.- Classification of the acts of the Law. Lesson 7. REPRESENTATION 1.- The representation phenomena: concept, hypothesis and requirements. 2.- Scope and kinds of legal representation. 3.- Legal representation and voluntary representation. 4.- Voluntary representation: direct representation and indirect representation. 5.- Voluntary representation: the act of empowering. 6.- Representation with oneself: autocontracting.

Learning activities and methodology

Three on-site lessons shall be taught every two weeks. A first theory class (magisterial lesson, first week), of one hour and a half of duration, where the basic contents of the program of subject shall be explained. For the adequate understanding of the explanations, the prior reading of the handbook of reference is absolutely necessary. In a second session (practical, second week)), also of one hour and a half, practices and workshops shall be made where the students shall legally discuss and argue about the subjects proposed, acquiring the necessary skills for the solution of real situations and conflicts.

Assessment System

% end-of-term-examination 50
% of continuous assessment (assigments, laboratory, practicals...) 50

Calendar of Continuous assessment

Ordinary sitting

The definitive evaluation of the student shall take into account the mark obtained during the semester in the compulsory practical sessions (up to a 50%), as well as the mark obtained in the theory exam (up to 50%).

In order to mark the practical part, the following shall be taken into account: the grade obtained in the final practical test (3 points), the participation, the attendance  and interventions in workshops and practices that take place throughout the course (2 points).

In this subject, students must not use artificial intelligence tools to carry out the work or exercises proposed by the teacher. In the event that the use of AI by the student gives rise to academic fraud by falsifying the results of an exam or work required to accredit academic performance, the provisions of the Regulations of the Carlos III University of Madrid will apply. partial development of Law 3/2022, of February 24, on university coexistence.

In order to be able to take the final practical test, it is necessary to have attended at least 70% of the practical classes of the course.

In order to pass the course, it will be required to obtain a minimum grade in the theoretical part (2.5 points out of 5).Each small group teacher may make the application of this requirement more flexible in the face of exceptional circumstances.

Extraordinary sitting

If the student has followed the continuous evaluation system, the exam shall have the same percentage value as in the ordinary sitting (50%), and the final mark of the subject shall take into account the mark obtained during the semester in the continuous evaluation system (practical sessions). Therefore, for the extraordinary sitting (linked to the ordinary sitting) the mark obtained during the semester in the practical part shall be kept, so that the student only has to take the theory exam.

If the student has not followed the continuous evaluation system, he might take the extraordinary sitting exam with a value of 100% of the total mark of the subject. 

Publicity of marks and revisions

The students shall have access to the continuous evaluation system final marks (practical sessions) before the exam period begins. They shall be published in Aula Global.
The final mark of the subject shall be published in the Web within 10 days (from the date of the final exam), through the system provided by the University for the communication of the final marks, indicating the date set for the revision of the exam.

The student can ask to his group teacher for the revision of his final mark if he considers that there is a mistake in it.

No matter if the student has made part of the practical papers within the continuous evaluation system, he shall be marked as NOT ATTENDING if he does not take the final theory exam.
In the ordinary sitting, the students who have not followed the continuous evaluation system shall take a final theory exam with a value of 50% that shall be their only mark.

Extraordinary call: regulations

The course syllabus may change due academic events or other reasons.