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Civil Law II

Code: 102240
Credits: 6
2026/2027
Degree programme Type Course
Law OB 2

Contact lecturer

Name :
Guillem Izquierdo Grau
Email :
guillem.izquierdo@uab.cat

Teaching staff

Sandra Camacho Clavijo
Xavier Cecchini Rosell
Ferran Hurtado Parras
Maria Planas Ballvé
Laura Arroyo San Jose
Ricardo Fernando de la Rosa Fernandez
Montserrat Martin Bover
Maria Isabel Garcia Ruiz
Gloria Ortega Puente

Group languages

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

Prerequisites

Preliminary note


In order to follow and make the most of Civil Law II, it is necessary to have a good knowledge of Civil Law I and of the concepts of property law in Roman Law. It is essential to have knowledge and use of legal terminology.

Beginning of the course and schedule of the teaching sessions:

The course will begin on 7 September.

Each semester consists of 15 teaching weeks. During the first week, 3 hours of teaching will be theory. The final teaching week of the semester will consist of two hours of seminars.

The teaching of the course will be given taking into account the perspective of the Sustainable Development Goals.

The assigned teaching groups and professors are as follows:


102240-DRET CIVIL II
Grup Professorat Horari Idioma
1 Cecchini dx. 10.15 - 11.45h (dm. 8.30-10h 1a setmana) català
2 Ortega dll.13.45 -15.15h (dll. 12 - 13.30h 1a setmana) català
51 Camacho dj. 17.45 -19.15h (dj. 16 - 17.30h1asetmana) Espanyol
seminaris
11 García dx.8.30-10 h Espanyol
12 De la Rosa dx.8.30-10 h català
13 Cecchini dx.8.30-10 h català
21 Martín dll.12-13.30 h català
22 Hurtado dll.12-13.30 h català
23 Ortega dll.12-13.30 h català
511 Planas dj. 16 - 17.30 h Espanyol
512 Arroyo dj. 16 - 17.30 h català
513 Camacho dj. 16 - 17.30 h Espanyol
70 Camacho dj. 10,15-11,45 h. Espanyol
701 Camacho dj. 8,30-10 h. Espanyol
702 Hurtado dj. 8,30-10 h. català


Objectives

Dret Civil II (Obligations) is one of the parts in which the subject of Civil Law in the Degree of Law is distributed, academically for teaching and evaluation:
It is located in the first semester of the second year. The matter focuses on the relations of credit and debt, the fundamental concepts and the regime of the patrimonial relations.
It is an essential subject in the Degree, the concepts, institutions and regimes of these relationships are necessary for Civil Law and the rest of the legal subjects of the Degree.
This subject is academically necessary to acquire and take on the general concepts of the obligatory relationships developed later in the other subjects of civil Law and especially in the optative subjects. Civil Law II (Obligations) is the basis from which will be developed, on the one hand, Dret Civil III (Contracts) and Dret Civil IV (Real Rights) and of another, the optionally subjects of Family Law, Law of Succession and Civil tort. In addition, this subject has a special impact on a large part of other subjects of the Degree.

Among the specific objectives, the study of the Dret Civil II (Obligations) will allow the student:

- Identify the object, sources and fundamental concepts of the right to obligations, and assume them.

- Distinguish and identify juridical relationships.

- Understand and assume the basic elements of the regime of the 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 positive law that is the subject of study and assessment is the Civil Law applicable in Catalonia.


TOPIC 1. LEGAL RELATIONSHIP AND OBLIGATORY RELATIONSHIP

1. Legal relationship: concept, structure and classes.

2. Subjective law and secondary legal situations.

3. The object of the legal relationship: goods and things.

4. Heritage: concept and functions.

5. Obligatory relationship: concept, structure and characteristics.

6. Credit and debt.

7. The debtor's patrimonial liability.

8. Natural obligation.

9. Unjust enrichment.


TOPIC 2. SOURCES OF OBLIGATIONS

1. Sources of obligations.

2. Obligations derived from the law.

3. The contract as a source of obligations.

4. Non-contractual sources:

4.1. Quasi-contracts.

4.2. Extra-contractual civil liability.

5. Unilateral will.


TOPIC 3. CLASSES OF OBLIGATIONS

1. Obligations to give, do and not do.

2. Obligations of means and obligations of result.

3. Generic and specific obligations.

4. Alternative and optional obligations.

5. Monetary obligations:

5.1. Concept and characteristics.

5.2. The nominalist principle and stabilization clauses.

5.3. The obligation of interest.

6. Reciprocal or synallagmatic obligations:

6.1. Concept and characteristics.

6.2. Basic legal regime.

6.3. Exception of contractual breach.


TOPIC 4. THE PLURALITY OF SUBJECTS

1. The plurality of creditors and debtors.

2. Divisible and indivisible obligations.

3. Divisible joint or joint obligations.

4. Indivisible joint or joint obligations.

5. Joint and several obligations:

5.1. Active solidarity.

5.2. Passive solidarity.

5.3. External and internal relations between the subjects.


TOPIC 5. THE CIRCUMSTANCES OF THE OBLIGATORY RELATIONSHIP

1. The place of performance.

2. The time of performance.

3. Instantaneous, lasting and periodic obligations.

4. Term obligations: concept, types and legal regime.

5. The loss of the benefit of the term.

6. The essential term.

7. The conditional obligation:

7.1. Concept and types of condition.

7.2. Suspensive condition.

7.3. Resolving condition.


TOPIC 6. GUARANTEES OF THE OBLIGATION

1. Concept and function of guarantees.

2. Conventional penalty.

3. Deposits.

4. Bond:

4.1. Concept, characteristics and classes.

4.2. Relationship between creditor and guarantor.

4.3. Relationship between debtor and guarantor.

4.4. Plurality of guarantors.

4.5. Termination of the bond.


TOPIC 7. COMPLIANCE OF THE OBLIGATION AND ITS SUBSTITUTES

1. Payment or fulfillment: concept and functions.

2. The objective requirements of fulfillment: identity, integrity and indivisibility.

3. The time and place of payment.

4. The subjects of payment:

4.1. The payment made by the debtor or by a third party.

4.2. Payment to the creditor or to a person authorized to receive it.

5. The imputation of payments.

6. The consignment.

7. The compensation.

8. The dation in payment.

9. The payment by assignment of goods.

10. The forgiveness of the debt.

11. The collection of the undue.


TOPIC 8. THE BREACH OF THE OBLIGATION AND THE LACK OF CONFORMITY

1. Concept and modalities of breach.

2. The debtor's default: concept, requirements, effects and cessation.

3. The definitive breach.

4. The supervening impossibility of the provision.

5. Defective performance.

6. The lack of conformity:

6.1. Concept and function.

7. The contractual liability:

7.1. Criteria for imputation.

7.2. Intention, fault and negligence.

7.3. Fortuitous event and force majeure.

8. Liability modification clauses.

9. Creditor default.


TOPIC 9. REMEDIES FOR NON-COMPLIANCE AND CREDIT PROTECTION

1. The system of remedies for non-compliance.

2. Action for compliance.

3. Repair, replacement and bringing into conformity.

4. Price reduction.

5. Termination of the contract for non-compliance.

6. Compensation for damages.

7. Forced execution and compliance by equivalence.

8. Credit protection measures:

8.1. Direct action.

8.2. Subrogation action.

8.3. Revocation or pauliana action.

9. Preference and priority of credits.


TOPIC 10. MODIFICATION OF THE OBLIGATORY RELATIONSHIP

1. Modification of the obligation.

2. Novation: requirements and effects.

3. Change of creditor:

3.1. Assignment of credits.

3.2. Subrogation.

4. Change of debtor: modalities and effects.


TOPIC 11. TERMINATION OF THE OBLIGATORY RELATIONSHIP

1. Causes of termination of obligations.

2. Confusion.

3. Mutual disagreement.

4. Termination by unilateral will.

5. Withdrawal in obligatory consumer relationships.


TOPIC 12. EXTRACONTRACTUAL CIVIL LIABILITY

1. Concept and functions of civil liability.

2. Contractual liability and extracontractual liability.

3. Subjective liability and objective liability.

4. Presuppositions of liability for one's own acts:

4.1. Action or omission.

4.2. Fault or negligence.

4.3. Damage.

4.4. Causal relationship.

5. Liability for acts of others:

5.1. Liability of parents and guardians.

5.2. Liability of the employer for acts of his dependents.

Learning activities and methodology

Title Hours ECTS Learning outcomes
Study and work outside the classroom 49 1.96 9, 10, 15, 19
Tutoring and evaluation activities 6 0.24 2, 7, 8, 9, 10, 12, 13, 14, 17, 19, 20, 22, 23, 24
Readings, preparation and writing of texts, search of bibliography and jurisprudence. 49 1.96 1, 3, 6, 8, 9, 10, 11, 17, 18, 24
Seminars 21 0.84 1, 7, 10, 11, 15
Theoretical classes 21 0.84 1, 7, 9, 10, 12, 13, 15, 17, 19, 20, 21, 24

The learning process is based on the work of the person enrolled in it, who learns by working, with the mission of the teaching staff to help them by providing information, showing them sources of knowledge and supervising the work.

The development of the teaching of the subject and the training of the student is based on the following activities:

1. Directed activities:

1.1 Lectures: The theory teacher will explain the fundamental concepts of each topic to deepen and work in the seminars in a practical way. The student achieves the conceptual bases of the subject and learns the legal and regulatory framework. The theoretical class does not necessarily have to involve a passive position of the students since it can be built by both parties or theoretical knowledge can be produced by the students by applying technology. Theoretical content can be worked on from questions that students ask in the classroom or that the teaching staff formulates, from a news item that has appeared in the press, etc...

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

2. Autonomous activities: They are fundamentally those related to the study of the subject to assume basic knowledge of it. In addition to the study, they include, among others:

2.1. The preparation of documents: these are those required by the seminars. They can be in relation to practical cases proposed in advance or that must be created by the students. Part of the autonomous activity is a partial exam, the specific form of which is determined by the teaching staff of each group.

2.2. Search for bibliography and instrumental jurisprudence for the resolution of the seminars and the preparation of the exam.

2.3. Comprehensive reading of legal texts: The texts can be judgments, journal articles, monographs. The type of text will be determined by the teachers of each group.

Part of the material for the activities is made available to students through the Virtual Campus.


Note: 15 minutes of a class will be reserved, within the calendar established by the center/degree, for students to complete the surveys to evaluate the performance of the teachers and to evaluate the subject.

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
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
Assessable activities indicated by teachers in advance which must be of two different types. At least two. 50% 0 0 1, 2, 3, 4, 8, 12, 13, 14, 19, 20, 24, 25
Reevaluation 100% 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

COMPETENCE ACQUISITION ASSESSMENT. QUALIFICATION SYSTEM

ORDINARY ASSESSMENT AND QUALIFICATION SYSTEM:


I. Continuous assessment:

The continuous assessment is made up of three main parts:

The first part is the carrying out of practical activities that will be carried out in the classroom with prior preparation by the students. Active participation in class will be assessed. This part has a value of 20%.

The second part is the carrying out of a non-exempt partial examination of the subject. The teaching staff will determine the form and type of the examination. The value of this part is 15%.

The third part will consist of oral presentation in class by groups of legal topics previously assigned by the teaching staff to the students. The value of this part is 15%.

The remaining 50% to obtain the approved subject will be made up of the final exam. The type of final exam will be specified by the teacher in class.

Not assessable:

The student will be assessable provided that they have completed a set of activities whose weight is equivalent to 2/3 of the total grade for the subject. If the value of the activities does not reach this threshold, the teacher of the subject may consider the student as not assessable.

The teacher responsible for each group may stipulate a percentage of the grade linked to mandatory and active attendance in the classroom with an assessable activity,

• or, alternatively, link the permanence in the continuous assessment system to a minimum of class attendance.

• or, in a negative sense, that the student may miss a maximum of X sessions to be assessed by continuous assessment.


In accordance with the provisions of the “Guidelines and criteria for teaching”, approved by the Board of the Faculty of Law, it is hereby informed that, in accordance with the provisions of points 15 and 22, students who for any justified reason cannot take the partial or final exam of the subject will be called to an oral exam to take either of the two tests. This measure has been agreed upon by the teaching staff responsible for all the groups of the Civil Law II subject.

The partial or final exam will be held before a panel of three teachers and a report of the test will be drawn up.

“22. The dates of continuous assessment tests may not be modified, unless there is an exceptional and duly justified reason. If a student is unable to attend a test due to force majeure and duly justified circumstances, the responsible teaching staff will determine the postponement and agree on an alternative date, within the corresponding school period. This new test may be written or oral, at the discretion of the teacher. The dates of the final tests set by Academic Management may not be modified.”

"15. Regarding the conduct of oral tests, teaching staff must record them, with the written consent of the student, in order to guarantee their review and/or any academic incident that may arise during their conduct. Recording will not be necessary when the oral test is conducted with a panel. The panel must consist of a minimum of three teachers and must draw up a report of each exam."


II. Final exam

Students will be able to take the final exam regardless of the grade obtained in the continuous assessment.

The subject will only be passed if a grade of 4 out of 10 or higher is obtained in the final exam.

The specific type of exam will be determined by the teaching team of each subject group. Students are examined on the entire subject program, even if for academic or extra-academic reasons it has not been possible to give all the content in the master classes.

Students are examined on the entire subject program, even if for academic or extra-academic reasons it has not been possible to give all the content.


III. Single assessment:

Content of the single assessment

The single assessment must have the same level of complexity of requirement as the continuous assessment and in it the student must demonstrate the acquisition of the knowledge and skills specific to each subject, in accordance with what is established in the teaching guide, which will specify the content of the single assessment test.

In any case, the single assessment, like the continuous assessment, must include a minimum of three assessable activities, of two different types, none of which can represent more than 50% of the final grade.

In the event that it is required to present evidence that the student has carried out independently during the academic year, on the date of the single assessment it must be verified that the student has acquired the expected knowledge and skills through its completion.

The single assessment will consist of the following tests, which must be taken individually and personalized by each student, on the official date scheduled for the final exam:

a) solving a cross-curricular practical case, where students must answer the questions posed to them about the case. (40%)

b) taking a multiple-choice test, where incorrect questions and those left blank will be penalized. (20%)

c) taking a written test of theoretical content, where students must demonstrate their knowledge of the subject program. (40%)


IV. Subject grading with the continuous assessment system

The score obtained in the continuous assessment will have a value of 50% of the subject grade. The final exam score will have a value of 50% of the subject grade.

Continuous assessment grade: will consist of the grades obtained in the practical activities proposed in the seminars, as well as the reverse teaching activities and the partial exams taken during the course.

Final exam grade: to be able to pass the subject, the final written exam must be passed with a minimum grade of 4 out of 10.

The subject will be passed with a minimum of 5 out of 10, in accordance with the established percentages.

Not assessable: the same criteria as the continuous assessment will be applied.


V. RE-ASSESSMENT

To access the re-assessment, a minimum grade of 3 out of 10 must be obtained for the subject, whether the student has opted for the single assessment or the continuous assessment. Students are examined for the entire program of the subject.

To be able to access the re-assessment, it is necessary to have taken the final exam.

The final grade will be the maximum of 5 points. The final grade will be that obtained in the re-evaluation exam.

In the re-evaluation exam, the student is examined for 100% of the subject without taking into account the grade of the continuous assessment.

Students who have opted for the single assessment will have the same type of exam as in the final exam: it must include a minimum of three assessable activities, of two different types, none of which can represent more than 50% of the final grade.


VI. USE OF AI

Restricted use: For this subject, the use of Artificial Intelligence (AI) technologies is allowed exclusively in support tasks, such as bibliographic or information searches, text correction or translations, etc. The student must clearly identify which parts have been generated with this technology, specify the tools used 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.


VII. FRAUDULENT CONDUCT IN EVALUATION TESTS

In the event that the student copies, commits plagiarism or is discovered with any prohibited device in any assessment test, the teaching staff will grade him/her with a 0 in this assessment act, and will notify the Dean of the Faculty of the fact by submitting a report on the circumstances and evidence of the fact produced to request the opening of a possible disciplinary file against the student. This assessment activity will not be recoverable. In the event that more than one irregularity occurs in the assessment acts of the same subject, the final grade for this subject is 0.

Bibliography

FUNDAMENTAL BIBLIOGRAPHY

BOOKS

- Fundamentos del Derecho civil patrimonial. Volum II. Las relaciones obligatorias, Luíz Díez-Picazo Ponce de León, Aranzadi, 2010.

- Derecho de obligaciones y contratos de Cataluña, Mª del Carmen Gete-Alonso y Calera, Judith Solé Resina (Dirs.), Atelier, última edició.

- Derecho Civil de Cataluña. Derecho de obligaciones y contratos. Pedro del Pozo Carrascosa/Antoni Vaquer Aloy/Esteve Bosch Capdevila. Marcial Pons, última edició.

- Elementos de Derecho civil. Derecho de obligaciones. José Luis Lacuz Berdejo et alii. Dykinson, última edició.


ACTS

Codi Civil de Catalunya.

Código Civil.

Codi de Consum de Catalunya

Texto Refundido de la Ley General de Consumidores y Usuarios



COMPLEMENTARY BIBLIOGRAPHY

Curso de Derecho Civil II Vol 1. Teoria general de la Obligación y el Contrato. Carlos Martínez Aldaz, Pedro de Pablo Contreras, Miguel Ángel Pérz Álvarez/ Mª Angeles Parra Lucan. Editorial Edisofer. S.L. 2018

Comentario al Código Civil, Andrés Dominguez Luelmo (dir). Lex Nova. Valladolid 2010.

Código Civil Comentado. AAVV. Civitas, 2º ed, 2016

Codi Civil de Catalunya. Jurisprudencia sistematizada (3ª ed), Judith Solé Resina. Esteve Bosch Capdeviña, Francisco Echeverría Summers, Mª del Carmen Gete-Alonso y Calera, Pedro del Pozo Carrascosa, Cristina Villó Travé. Tirant lo Blanch 2017


LINKS:

http://justicia.gencat.cat/ca/ambits/dret_civil_catala/

http://www.mjusticia.gob.es/cs/Satellite/Portal/es/actividad-legislativa/normativa

https://www.boe.es/legislacion/

http://www.poderjudicial.es/search/indexAN.jsp

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