
Banking and Insurance Law
Code: 102107Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Accounting and Finances | OP | 4 |
Contact lecturer
- Name :
- Jorge Miquel Rodríguez
- Email :
- jorge.miquel@uab.cat
Teaching staff
- Eva Payet Arbeo
- Francisco R. Lara Payan
Group languages
You can consult this information at the end of the document.
Prerequisites
Taking into account that the subject implies a specialization in Commercial Law, it is recommended to have previously studied ”Introduction to Law” and “ Commercial Law”.
Objectives
This subject is aimed at providing the student with a specialization in the study of Banking Law and Insurer; both in its administrative management aspect of the credit institutions and the insurers as from the point of view of bank contracting and insurance.
The student will be explained, from a theoretical-practical point of view, the wide diversity of the modalities contractual, prioritizing the application of the study of the disciplines cited in the advice of clients.
Learning outcomes
- CM03 (Explain the code of ethics, explicit or implicit, of one's own field of knowledge.) Explain the code of ethics, explicit or implicit, of one's own field of knowledge.
- KM03 (Summarise practical cases that arise on company law and their possible legal solutions, considering regulations, jurisprudence and doctrine. ) Summarise practical cases that arise on company law and their possible legal solutions, considering regulations, jurisprudence and doctrine.
- KM04 (Describe the specific law of banking and insurance companies when advising clients.) Describe the specific law of banking and insurance companies when advising clients.
- SM03 (Analyse the specific legal and trade regulation of economic activity in the main service sectors in Europe and Spain.) Analyse the specific legal and trade regulation of economic activity in the main service sectors in Europe and Spain.
Contents
BANKING LAW.
- Organization of credit institution.
- Banking contracts (general part).
- Banking contracts (classes).
INSURANCE LAW.
- Organization of the insurance activity.
- The insurance contract. General theory.
- Damage insurance.
- Persons insurance.
- Special insurance.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Tutorials | 11.5 | 0.46 | CM03, KM03, KM04, SM03 |
| Practical classes | 18.5 | 0.74 | KM03, KM04, SM03 |
| Documentation and bibliography | 15 | 0.6 | CM03 |
| Theoretical classes | 31 | 1.24 | CM03, KM03, KM04, SM03 |
| Study | 55.5 | 2.22 | CM03, KM03, KM04, SM03 |
| Writing of works | 15 | 0.6 | SM03 |
- Master classes.
- Resolution of practical cases.
- Works and recension of books and / or journal articles.
The proposed teaching methodology may undergo some modifications according to the restrictions imposed by the health authorities o non-campus courses.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Written test 2 | 25% | 1 | 0.04 | CM03, KM03, KM04, SM03 |
| Written test 1 | 25% | 0.75 | 0.03 | CM03, KM03, KM04, SM03 |
| Work | 30% | 0.75 | 0.03 | CM03, KM03, KM04, SM03 |
| Resolution of practical cases. | 20% | 1 | 0.04 | CM03, KM03, KM04, SM03 |
Transparency in the use of AI: For this subject, the use of artificial intelligence (AI) technologies is allowed exclusively in support tasks such as information search, text correction, translations or information organization. The student must clearly identify the use he has made of AI, share with the teaching staff the interactions maintained with AI tools and include a critical reflection on how these have influenced the process and the final result of the activity. The lack of transparency in the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases
The competences of this subject will be evaluated, continuously, through exams, work individual or group, resolution of practical cases and text comments.
The evaluation system is organized based on the following evidences of learning:
Written tests: The degree of knowledge of theoretical content competences will be evaluated by half of a first test with a value of 25% on the final grade and a second test that will represent 25% of the final grade if the student exceeds the first and 50% otherwise.
Activities in class: The resolution of practical cases and public presentation of practices will represent %50% of the final grade.
NOT EVALUABLE.
Student will be considered as \" not evaluable\" provided they do not take part in whatever exercise of evaluation
Calendar of evaluation activities
The dates of the evaluation activities (midterm exams, exercises in the classroom, assignments, ...) will be announced well in advance during the semester.
The date of the final exam is scheduled in the assessment calendar of the Faculty.
\"The dates of evaluation activities cannot be modified, unless there is an exceptional and duly justified reason why an evaluation activity cannot be carried out. In this case, the degree coordinator will contact both the teaching staff and the affected student, and a new date will be scheduled within the same academic period to make up for the missed evaluation activity.\" Section 1 of Article 115. Calendar of evaluation activities (Academic Regulations UAB). Students of the Faculty of Economics and Business, who in accordance with the previous paragraph need to change an evaluation activity date must process the request by filling out an Application for exams' reschedule https://eformularis.uab.cat/group/deganat_feie/application-for-exams-reschedule
Grade revision process
After all grading activities have ended, students will be informed of the date and way in which the course grades will be published. Students will be also be informed of the procedure, place, date and time of grade revision following University regulations.
Retake Process
\"To be eligible to participate in the retake process, it is required for students to have been previously been evaluated for at least two thirds of the total evaluation activities of the subject.\" Section 3 of Article 112 ter. The recovery (UAB Academic Regulations). Additionally, it is required that the student to have achieved an average grade of the subject between 3.5 and 4.8.
The date of the retake exam will be posted in the calendar of evaluation activities of the Faculty. Students who take this exam and pass, will get a grade of 5 for the subject. If the student does not pass the retake, the grade will remain unchanged, and hence, student will fail the course.
Irregularities in evaluation activities
In spite of other disciplinary measures deemed appropriate, and in accordance with current academic regulations, \"in the case that the student makes any irregularity that could lead to a significant variation in the grade of an evaluation activity, it will be graded with a 0, regardless of the disciplinary process that can be instructed. In case of various irregularities occur in the evaluation of the same subject, the final grade of this subject will be 0\". Section 10 of Article 116. Results of the evaluation. (UAB Academic Regulations).
The completion of assessment activities is subject to the provisions set out in this course guide and in the "Policy of the School of Economics and Business on the Detection of Irregularities during Assessment Activities", which regulates the conditions under which assessment tasks are conducted and the procedures applicable in cases where indications of irregularities are detected. Students are encouraged to consult the policy.
COMPREHENSIVE EVALUATION option:
This subject does not offer the option for comprehensive evaluation.
Bibliography
HANDBOOKS AND BASIC BIBLIOGRAPHY
ALONSO ESPINOSA, Francisco Javier: Derecho Mercantil de los contratos. Curso de iniciación. Civitas, Madrid, 2011, last edition
BROSETA PONT, Manuel, y MARTÍNEZ SANZ, Fernando: Manual de Derecho Mercantil, 2 vols, Tecnos, Madrid, last edition.
VICENT CHULIÀ, Francisco: Introducción al Derecho Mercantil, Tirant Lo Blanc, Valencia, last edition
COMPLEMENTARY BIBLIOGRAPHY
BATALLER GRAU, Juan: Derecho de los seguros privados, Marcial Pons, Madrid 2007
EMBID IRUJO, José Miguel: Comentarios a la Ley del contrato de seguro, Tirant Lo Blanc, Valencia 2002.
MENÉNDEZ ROMERO, Fernando, Derecho bancario y bursatil, Iure, 2022, available on line for UAB users
MUÑOZ MACHADO, Santiago Y VEGA SERRANO, Juan Manuel: Derecho de la regulación económica, X. Sistema Bancario, 2013.
ON LINE SOURCES
ARANZADI WESTLAW.
TIRANT ON LINE.
LINKS
DIRECCIÓN GENERAL DE SEGUROS Y FONDOS DE PLANES DE PENSIONES: www.dgsfp.mineco.es
BANCO DE ESPAÑA: www.bde.es
Software
No software is required to take this subject
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 10 | Spanish | second semester | morning-mixed |
| (PAUL) Classroom practices | 101 | Spanish | second semester | morning-mixed |