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Civil Law III

Code: 102239
Credits: 6
2026/2027
Degree programme Type Course
Law OB 2

Contact lecturer

Name :
María Carmen Nuñez Zorrilla
Email :
maricarmen.nunez@uab.cat

Teaching staff

Mariona Torra Cot
Ferran Hurtado Parras
Laura Arroyo San Jose
Ricardo Fernando de la Rosa Fernandez
Montserrat Martin Bover
Cristina Alonso Suarez
Santiago Robert Guillén
Guillem Izquierdo Grau

Group languages

You can consult this information at the end of the document.

Prerequisites

A good follow-up to the Civil Law course III requires a good knowledge of the fundamentals of Roman law, Civil law I and civil law II, together with the correct use of legal terminology. Indispensable is, also, attendance and performance of all evaluable activities and tests that make up continuous assessment, as well as the continuous study of the subject that is taught in the subject from the very beginning of the course, with the help of the corresponding manuals.

The teaching assignment among teachers is distributed as follows:


Grup Professorat Idioma
1 Santiago Robert catalán
2 Guillem Izquierdo catalán
51 Carmen Núñez castellano

11 Santiago Robert catalán
12 Ferran Hurtado catalán
13 Mariona Torra catalán
21 Guillem Izquierdo catalán
22 Laura Arroyo castellano
23 Montserrat Martín català
511 Carmen Núñez castellano
512 Cristina Alonso castellano
513 Substituto a determinar catalán
70 Santiago Robert catalán
701 Santiago Robert catalán
702 Fernando De la Rosa catalán


"The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals".


Objectives

Civil Law III is a course taught in the second semester of the second year. Its purpose is to provide students with a foundation in the basic concepts of both general contract theory and the most commonly used types of contracts in legal practice. The objective is to acquire this knowledge not only at the national and regional levels (studying Catalan regulations on the subject), but also from a European perspective, given the growing influence of EU contract law on the legal systems of Spain and Catalonia.


This is an essential course because it forms the basis for other courses in the degree program, such as Civil Law IV, Family Law, Inheritance Law, Digital Law, Civil Liability, and Consumer Law.


Civil Law III aims to help students achieve several objectives, including:


- Identifying the fundamental concepts of general contract theory and specific contracts.

- Differentiating between the various contractual legal relationships within the field of property law. - Analysis of contract law from a European perspective.

- Compare Spanish and Catalan contract law, and

- connect contract law with the law of obligations.






Learning outcomes

  1. Managing bibliographic and documentary resources: databases, browsing, etc.
  2. Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
  3. Planning and organising: managing of time, resources, etc.
  4. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  5. Students must be capable of communicating their points of view in a compelling way.
  6. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
  7. Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
  8. Applying strategies in order to produce written and oral texts in the several fields of civil law.
  9. Analysing the fundamental concepts of civil law.
  10. Analysing the specific institutions of the property law.
  11. Producing oral texts in the several fields of civil law, showing specific communicative abilities.
  12. Drawing up written texts (contracts, wills).
  13. Producing reports about new legal changes.
  14. Presenting orally, with a critical discourse, the reforms of civil institutions.
  15. Solving interferences between the several conflict interests of civil regulations.
  16. Applying communicative strategies in order to identify and explain legal conflicts in the different fields of civil law, family law, successions, consumption, minors and civil responsibility.
  17. Identifying the conflicts of interest that are trying to be solved by the legislator when elaborating civil regulations.
  18. Producing oral and written texts and presenting points of view about civil-legal institutions.
  19. Critically interpreting the foundations of the civil law.
  20. Applying the knowledge acquired in the preparation of documents that reflect specific legal interests.
  21. Distinguishing the socio-legal context of several civil institutions.
  22. Contextualising the creation forms of Law in the property field.
  23. Applying concepts in a cross-cutting way to the several subjects of civil Law from the jurisprudence of the different jurisdictional bodies.
  24. Producing oral and written texts of egalitarian discourse.
  25. Defining the European and international concepts in terms of equality.

Contents

The subject under study in this subject has been regulated by the Catalan legislator, which has approved \"Law 3/2017, of 15 February, of the Sixth Book of the Civil Code of Catalonia\", relating to obligations and contracts , which for the time being, has contemplated the following contractual figures: the contract of sale, the contract of rustic lease, the contracts of cultivation, the partnership, the contract of integration, the contract of exchange, the contract of cession of property to change of future construction, representative mandate, management of other people's business, violating and food contract.

The Law of the Sixth Book of the Civil Code of Catalonia, has undergone a modification in the regulations of the sale and purchase by means of the Decree Law 27/2021, of 14 December, of incorporation of the Directives (EU) 2019/770 and 2019 / 771, in order to regulate in the Catalan system the sale and purchase of goods that incorporate or are interconnected to digital content or services, and also incorporate a new fourth section which regulates a new contractual category considered different from the sale: the contract for the supply of digital content and services.


In the rest of the matter not regulated by the Catalan legislator, it is necessary to apply and manage the state legislation.


The contents of the subject are as follows:


GENERAL THEORY OF CONTRACT


TOPIC 1. PRIVATE AUTONOMY. THE CONTRACT AND ITS ELEMENTS

1. The declaration of intent. The legal value of silence

2. Private autonomy: legal limits (law, morality and public order). De facto limits (adhesion contracts and forced contracts).

3. The contract: concept and types

4. The elements of the contract:

4.1. Consent

4.2. The object

4.3. The cause

4.4. The form


TOPIC 2. THE FORMATION OF THE CONTRACT

1. Duties and responsibilities in the pre-contractual phase:

1.1. The formation of the contract as a result of preliminary negotiations: the duties of the parties in the preliminary negotiations phase and liability for the breakdown of negotiations. Letters of intent.

2. The formation of the contract by offer and acceptance.

3. The perfection of the contract: time; place of conclusion of the contract; distance contracting; digital contracting.

4. Preparatory contracts: characterization; the pre-contract; the option contract.

5. New trends in contract formation as a result of technological evolution: AI-powered Smart Contracts or Next Generation Smart Contracts.

TOPIC 3. GENERAL CONTRACTUAL CONDITIONS, UNFAIR CLAUSES, INTERPRETATION AND INTEGRATION OF THE CONTRACT

1. Serial hiring: concept and characterization.

2. General contracting conditions: concept; incorporation control.

3. Abusive clauses: concept; incorporation control, transparency and content control.

4. Withdrawal in the consumer contract.

5. Registration of General Contracting Conditions.

6. The interpretation of the contract.

7. The integration of the contract.


TOPIC 4. IRREGULAR FORMATION OF THE CONTRACT IN THE EXTERNALIZATION OF CONSENT

1. The absolute lack of consent:

1.1. Dissent

1.2. The statement without seriousness or declaration iocandi causa

1.3. Mental reserve

1.4. The simulation

2. Vices of consent:

2.1. The declaration without freedom: violence and intimidation

2.2. The error-vice

2.3. Mistake with intent


TOPIC 5. THE EFFECTIVENESS AND MODIFICATION OF THE CONTRACT

1. Contractual effectiveness. General rule: typical binding effectiveness

1. 1. Exceptions to the general rule: Effectiveness with respect to third parties

1.2. The modification of the contract due to a change in circumstances.

1.3. Unilateral withdrawal


TOPIC 6. INEFFICIENCY AND INVALIDITY

1. Invalidity, ineffectiveness, non-existence

2. Types of contractual ineffectiveness:

2.1. Nullity: concept, causes, action and consequences of the nullity of the contract.

2.2. Annulment: concept, causes, action for challenge; confirmation

4. Rescission: General characterization of the action

4.1. Rescission in Catalan law: unfair advantage and injury in more than half.


SPECIFIC CONTRACTS


TOPIC 7. THE AGENCY CONTRACT AND THE FIGURE OF MANAGING ANOTHER'S AFFAIRS

1. Representation in general: concept, classes.

2. The mandate contract: mandate with representation and without representation.

3. Managing other people's businesses.


TOPIC 8. THE SALES CONTRACT

1. The sale and purchase: concept and characteristics. Civil sale; commercial sale; consumer sale.

2. Subjects and capacity. Prohibitions on buying

3. Object: the thing and the price ; the double sale

4. Obligations of the seller

5. Buyer's Obligations

6. Remedies in the event of non-compliance by the parties.

7. The retention of title agreement

8. The resolutory condition agreement

9. The issue of risks

10. Special sales: the sale with a letter of grace; the sale of movable goods in installments.


TOPIC 9. THE EXCHANGE AND TRANSFER OF PROPERTY CONTRACT

1. Barter: concept, characteristics and legal regime

2. The transfer of land or building rights in exchange for future construction: concept, characteristics, elements of the contract, obligations of the parties, regime of non-compliance.


TOPIC 10. THE LEASE AGREEMENT

1. Lease of property: general legal regime.

2. Leasing

3. Legal regime of urban leases: Housing leases and leases for uses other than housing

4. The rural lease agreement: basic concepts.


TOPIC 11. THE LEASE OF SERVICES AND WORKS

1. The service lease agreement

2. The deposit contract

3. The contract for the lease of works

3.1. The construction contract in the Building Regulations Law.

4. Provision of services and works in collaboration agreements: the partnership agreement.

5. The contract for the supply of digital content and services.


TOPIC 12. LOAN AND FINANCING AGREEMENTS

1. The loan, commodatum and mutuum.

3. The consumer loan agreement.

4. Financial leasing.


TOPIC 13. ALEATORY CONTRACTS

1. Characterization

2. The violator

4. The alimony contract or lifetime annuity contract

5. The game and the bet

5. The insurance contract


TOPIC 14. EXTRAJUDICIAL SYSTEMS FOR CONFLICT RESOLUTION

1. The transaction.

2. Mediation.

3. Other types of negotiation activities or Alternative Dispute Resolution Methods recognized in Organic Law 1/2025, of January 2, on measures regarding the efficiency of the Public Justice Service.

4. Arbitration: Ordinary arbitration and consumer arbitration.























Learning activities and methodology

Title Hours ECTS Learning outcomes
Study 25 1 1, 2, 3, 4, 7, 8, 11, 13, 16, 17, 18, 19, 22, 23, 24
Tutoring and evaluation activities 15 0.6 9, 11, 12, 20
Works writing 15 0.6 2, 3, 5, 6, 8, 9, 10, 11, 12, 13, 19, 22, 24, 25
Seminar 22 0.88 2, 5, 6, 7, 9, 12, 13, 14, 15, 16, 20, 25
Legal texts reading 15 0.6 1, 7, 9, 10, 11, 12, 13, 18, 24
resolution of practical cases 16 0.64 2, 3, 4, 6, 8, 9, 12, 18, 19, 20, 22, 23
assessment 0 0 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 14, 17, 18, 19, 20, 23, 24
theoretical lessons 22 0.88 1, 2, 7, 9, 10, 11, 13, 17, 18, 20, 21, 22, 23, 25
bibliography and jurisprudence search 15 0.6 3, 4, 6, 7

The learning process is primarily based on the students' ongoing work, through an assessment process that evaluates their understanding of the established knowledge and learning objectives. This assessment, conducted through various types of tests, demonstrates their academic progress throughout the course, allowing them to continuously improve.


The teaching of the subject and the students' training are based on the following activities:


1. Directed Activities: These activities follow a predetermined schedule, require in-person instruction from the teaching staff, and are conducted in groups:


1.1 Lectures: The lecturers will present the fundamental concepts of each topic, which will then be explored in greater depth and applied in practical seminars. Students will acquire the conceptual foundations of the subject. Theoretical content can be explored through questions posed by students in class or by the teaching staff, based on a news item, etc.


1.2 Seminars: Attendance at seminars is mandatory. At the beginning of the course, the teaching staff will propose the activities they deem relevant for continuous assessment by publishing a calendar with the activity schedule on the Moodle platform. These are activities that students will carry out in the classroom, with the supervision and support of the instructors for each seminar.


2. Independent activities: those in which students organize their time and effort independently, either individually or in groups (studying, bibliographic or documentary research, document preparation, bibliography and jurisprudence research, coursework, reports, etc.).


3. Supervised activities: those that, although they can be carried out independently, require more or less occasional supervision by the teaching staff (tutorials, external placements, final degree/master's projects).


Some of the activity materials are made available to students through the Virtual Campus.
















Annotation: within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Assessment

Continuous assessment activities

Title Weight Hours ECTS Learning outcomes
continuous evaluation 50% 2 0.08 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 23, 24, 25
re-evaluation 100% 1 0.04 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25
final exam 50% 2 0.08 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25


Continuous assessment (weighted at 50% of the overall grade for the course):


This assessment comprises the various practical activities carried out in the seminars. The following assessable activities are proposed: various types of practical activities (weighted at 20% of the overall grade) + midterm exam (20% of the overall grade) + an oral presentation (10% of the overall grade).


Regarding the partial exam, it is at the discretion of the course instructor whether or not it serves as a partial exam. If the course instructor decides that the partial exam serves as a partial exam, the required passing grade also remains at their discretion. In this case, students who pass the midterm exam will only be tested on the second part of the syllabus in the final exam. Conversely, if the professor decides that the midterm exam does not count towards the final grade, the students will be tested on the entire subject in the final exam.


The lecturers for each group will coordinate with their seminar instructors to determine the format, content, methodology, and schedule for the various continuous assessment assessments.


The continuous assessment score will be the sum of the grades obtained in each assessment.


Attendance at seminars is mandatory.


The schedule, which will include the calendar of the various assessments and practical activities carried out in the seminars, must be made available to students before the start of the course via the virtual campus.


Final Exam (weighted at 50% of the overall course grade):


All students, regardless of whether they have passed the continuous assessment, are eligible to take the final exam. The specific exam format (oral, written, multiple choice, essay, etc.) will be determined by the teaching team for each course group.


To receive a final grade (continuous assessment + final exam), students must achieve a minimum score of 4 out of 10 on the final theory exam.


Final Course Grade with Continuous Assessment:


The score obtained in the continuous assessment will account for 50% of the course grade. The score obtained on the final exam will also account for 50% of the course grade.

A minimum grade of 5 out of 10 is required to pass the course, based on the established percentages and the sum of the scores obtained in the continuous assessment and the final exam. In this exam, a minimum score of 4 out of 10 is required to be averaged with the continuous assessment assessments. If students do not achieve a 4 on this exam, they must take the resit.


RESEARCH/REMAINING SYSTEM


To be eligible for the resit, a minimum score of 3 out of 10 is required between the continuous assessment and the final exam. Students will be tested on the entire course syllabus.

The final grade for students taking the resit will be based solely on the score obtained in this exam; the continuous assessment score will not be included.

The passing grade for the resit is 5 out of 10.


SINGLE ASSESSMENT


Students have the option of taking the single assessment. The single assessment option involves waiving continuous assessment and requires the submission, on a single date, of the necessary number of assessment materials to demonstrate and guarantee the achievement of the learning objectives and outcomes established for the course. To request the single assessment, students must submit a written justification to the center within the established deadlines. It is assumed that continuous assessment is the most appropriate form of assessment for achieving students' learning objectives. However, it is recognized that there may be situations that prevent students from participating in continuous assessment. In these cases, the aim is to establish a single assessment system that allows students to demonstrate the achievement of the learning objectives set for the course.


It will consist of the following types of assessments: a practical assessment of various types (weighted at 25% of the overall grade) + an oral presentation (25%) + an examination on the theoretical knowledge of the course syllabus (50%). In this written exam, as in the continuous assessment system, a minimum score of 4 is required to have the grades from the other two tests combined.


The teachers responsible for each group will explain the specific content of each of these tests to the students.


The same retake system will apply as in the other exams.

This continues for normal continuous assessment.


STUDENTS NOT ELIGIBLE FOR ASSESSMENT


Students who must be graded as “not eligible for assessment.” This situation arises when the student has not been able to provide sufficient evidence of assessment for the course (Article 266.9 of the UAB Academic Regulations).


“Students will be eligible for assessment provided they have completed a set of activities whose weight is equivalent to at least two-thirds of the total grade for the course. If the value of the activities completed does not reach this threshold, the course instructor may consider the student not eligible for assessment.”


Students opting for the single assessment will be subject to the same criteria for being considered “not eligible for assessment” as for continuous assessment.


Restricted use of AI: For this subject, the use of Artificial Intelligence (AI) technologies is permitted exclusively in support tasks, such as bibliographic or information fencing or the correction of texts or translations. The student will have to clearly identify which parts have been generated by this technology, specify the aspects and include a critical reflection on how these have influenced the process and the final result of the activity. The non-transparency of the use of AI in evaluable activities is considered a lack of academic honesty and may entail a partial or total penalty in the activity grade, or major sanctions in serious cases.


Important note: If a student copies, plagiarizes, or is caught with a prohibited device during any assessment, the instructor will give them a grade of 0 for that assessment and will notify the Dean's Office, submitting a report on the circumstances and evidence of the incident to request the opening of a disciplinary file. This assessment cannot be retaken. If more than one irregularity occurs during assessments for the same course, the final grade for that course will be 0.


















































Bibliography

REQUIRED BIBLIOGRAPHY

1. Curso de Derecho Civil de Cataluña. Derecho de Obligaciones y Contratos. Editorial Tirant lo Blanch, 2021. Coord. por Antonio Monserrat Valero. Disponible en formato digital Biblioteca Virtual Tirant.

2.Derecho Civil de Cataluña. Derecho de obligaciones y contratos. Editorial Marcial Pons, 2021; Del Pozo Carrascosa, Pedro/Vaquer Aloy, Antoni/ Bosch Capdevila, Esteve.

3.Derecho de Obligaciones y Contratos de Cataluña. Editorial Atelier, 2021. Coord. por Mª Carmen Gete-Alonso y Calera y Judith Sole Resina.


RECOMMENDED BIBLIOGRAPHY

1. Curso de Derecho Civil II. Derecho de Obligaciones, contratos y responsabilidad por hechos ilícitos. Editorial Tirant lo Blanch, 2025. Coord. Por Francisco Javier Sánchez Calero. Disponible en formato digital cercador Biblioteques UAB y en Biblioteca virtual Tirant.

2. Principios de Derecho Civil III. Contratos. Editorial Marcial Pons, 2025; Carlos Lasarte Álvarez y Alicia Calaza.

3. Derecho Civil: Manual de Derecho de Obligaciones y Contratos, Editorial Dykinson, 2026, Antonio Fayos Gardo, Disponible en formato digital cercador Biblioteques UAB

Software

The subject does not require any specific software.

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 1 Catalan second semester morning-mixed
(TE) Theory 2 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 11 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 12 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 13 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 21 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 22 Catalan/Spanish second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 23 Catalan second semester morning-mixed
(TE) Theory 51 Catalan/Spanish second semester afternoon
(TE) Theory 70 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 511 Catalan/Spanish second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 512 Catalan/Spanish second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 513 Catalan/Spanish second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 701 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 702 Catalan second semester morning-mixed